Page:United States Statutes at Large Volume 110 Part 1.djvu/412

This page needs to be proofread.

110 STAT. 388 PUBLIC LAW 104-106—FEB. 10, 1996 (b) EFFECT OF CLOSURE ON OTHER COVERED BENEFICIARIES.— The report required by subsection (a) shall also include— (1) an assessment of the effects of the closure of Fitzsimons Army Medical Center on the capability of the Department of Defense to provide appropriate and adequate health care to the dependents of members and former members of the Armed Forces and retired members and their dependents who currently obtain care at the medical center; and (2) a description of the plans of the Secretary of Defense and the Secretary of the Army to ensure that adequate and appropriate health care is provided to such persons, as called for in the recommendations of the Secretary of Defense for the closure of Fitzsimons Army Medical Center. SEC. 748. SENSE OF CONGRESS ON CONTINUITY OF HEALTH CARE SERVICES FOR COVERED BENEFICIARIES ADVERSELY AFFECTED BY CLOSURES OF MILITARY MEDICAL TREAT- MENT FACILITIES. (a) FINDINGS. —Congress fmds the following: (1) Military installations selected for closure in the 1991 and 1993 rounds of the base closure process will soon close. (2) Additional military installations have been selected for closure in the 1995 round of the base closure process. (3) Some of the military installations selected for closure include military medical treatment facilities. (4) As a result of these base closures, tens of thousands of covered beneficiaries under chapter 55 of title 10, United States Code, who reside in the vicinity of such installations will be left without immediate access to military medical treatment facilities. (b) SENSE OF CONGRESS.— In light of the findings specified in subsection (a), it is the sense of Congress that the Secretary of Defense should take all appropriate steps necessary to ensure the continuation of medical and pharmaceutical benefits for covered beneficiaries adversely affected by the closure of military installations. SEC. 749. STATE RECOGNITION OF MILITARY ADVANCE MEDICAL DIRECTIVES. (a) REQUIREMENT FOR RECOGNITION BY STATES.—(1) Chapter 53 of title 10, United States Code, is amended by inserting after section 1044b the following new section: "§ 1044c. Advance medical directives of members and dependents: requirement for recognition by States "(a) INSTRUMENTS TO BE GIVEN LEGAL EFFECT WITHOUT REGARD TO STATE LAW.— An advance medical directive executed by a person eligible for legal assistance— "(1) is exempt from any requirement of form, substance, formality, or recording that is provided for advance medical directives under the laws of a State; and "(2) shall be given the same legal effect as an advance medical directive prepared and executed in accordance with the laws of the State concerned. "(b) ADVANCE MEDICAL DIRECTIVES.— For purposes of this section, an advance medical directive is any written declaration that—