72
STAT.]
PUBLIC LAW 85-861-SEPT. 2, 1958
14*7
'^§1075. Officers and certain enlisted members: subsistence charges "When an officer or former officer of a uniformed service is hospitalized under section 1074 of this title, he shall pay an amount equal to the part of the charge prescribed under section 1078 of this title that is attributable to subsistence. An enlisted member, or former enlisted member, of a uniformed service who is entitled to retired or retainer pay, or equivalent pay may not be so charged.
- '§ 1076. Medical and dental care for dependents: general rule
"(a) A dependent of a member of a uniformed service who is on active duty for a period of more than 30 days, or of such a member who died while on that duty, is entitled, upon request, to the medical and dental care prescribed by section 1077 of this title in facilities of the uniformed services, subject to the availability of space and facilities and the capabilities of the medical and dental staff. "(b) Under joint regulations to be prescribed by the Secretary of Defense and the Secretary of Health, Education, and Welfare, a dependent of a member or former member who is, or was at the time of his death, entitled to retired or retainer pay, or equivalent pay, except a member or former member who is, or was at the time of his death, entitled to retired pay under chapter 67 of this title and has ^^y^ u s e 1331served less than eight years on active duty (other than for training) may, upon request, be given the medical and dental care prescribed by section 1077 of this title in facilities of the uniformed services, subject to the availability of space and facilities and the capabilities of the medical and dental staff. "(c) A determination by the medical or dental officer in charge, or the contract surgeon in charge, or his designee, as to the availability of space and facilities and to the capabilities of the medical and dental staff is conclusive. Care under this section may not be permitted to interfere with the primary mission of those facilities. "(d) To utilize more effectively the medical and dental facilities of the uniformed services, the Secretary of Defense and the Secretary of Health. Education, and Welfare shall prescribe joint regulations to assure that dependents entitled to medical or dental care under this section will not be denied equal opportunity for that care because the facility concerned is that of a uniformed service other than that of the member. §1077. Medical and dental care for dependents: specific inclusions and exclusions "(a) Only the following medical care may be given under section 1076 of this title; "(1) Diagnosis. " (2) Treatment of acute medical and surgical conditions. "(3) Treatment of contagious diseases. "(4) Immunization. "(5) Maternity and infant care. " (6) Treatment authorized by subsection (b). "(b) Hospitalization may not be given to dependents for the treatment of nervous or mental disorders or chronic diseases or for elective medical and surgical treatment, except that the Secretary of Defense, after consulting the Secretary of Health, Education, and Welfare, may by regulation provide, in special and unusual cases, for not more than one year's hospitalization for any such treatment. Hospitalization may not be given to dependents for domiciliary care.
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