12 2 STA T .48 1 PUBLIC LA W 11 0– 181 —J A N .28 , 2008 (c)REPORTING RE QU IRE M ENT .—Notla t er t h a n90d a ys a f ter the date of the enact m ent of th i s A ct , the S ecretary of D efense shall s ub mit to C on g ress a re p ort containing— ( 1 ) the results of the e v aluation
and ( 2 ) recommendations for any improvements in the program. Subti t leF—O t h e rMa tter sSEC.167 1. PROHIB I T IO N ON TR A NS F ER OF RESO U RCES FRO M ME D- ICA L CARE. Neither the Secretary of Defense nor the Secretaries of the military departments may transfer funds or personnel from medical care functions to administrative functions w ithin the Department of Defense in order to comply with the new administrative re q uire - ments imposed by this title or the amendments made by this title. SEC. 167 2 . MEDICAL CARE FOR FAMILIES OF MEMBERS OF THE ARMED FORCES RECO V ERIN G FROM SERIOUS IN J URIES OR ILL- NESSES. (a) M E D I CAL CARE AT MILITAR Y MEDICAL F ACILITIE S .— (1) MEDICAL CARE.—A family member of a recovering service member who is not otherwise eligible for medical care at a military medical treatment facility may be eligible for such care at such facilities, on a space-available basis, if the family member is— (A) on invitational orders while caring for the service member; ( B ) a non-medical attendee caring for the service member; or (C) receiving per diem payments from the Department of Defense while caring for the service member. (2) SPECI F ICATION OF FAMILY MEM B ERS.— T he Secretary of Defense may prescribe in regulations the family members of recovering service members who shall be considered to be a family member of a service member for purposes of this sub- section. ( 3 ) SPECIFICATION OF CARE.—The Secretary of Defense shall prescribe in regulations the medical care that may be available to family members under this subsection at military medical treatment facilities. ( 4 ) RECO V ERY OF COSTS.—The U nited States may recover the costs of the provision of medical care under this subsection as follows (as applicable)
(A) From third-party payers, in the same manner as the United States may collect costs of the charges of health care provided to covered beneficiaries from third-party payers under section 109 5 of title 10, United States Code. (B) As if such care was provided under the authority of section 1 78 4 of title 38, United States Code. (b) MEDICAL CARE AT DEPARTMENT OF V ETERANS AFFAIRS MED- ICAL FACILITIES.— (1) MEDICAL CARE.— W hen a recovering service member is receiving hospital care and medical services at a medical facility of the Department of Veterans Affairs, the Secretary of Veterans Affairs may provide medical care for eligible family Regulations.10USC 10 7 1 note. 10 USC 1071 note.
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