Title 10 — Armed Forces
Part II · Chapter 55 — Medical and Dental Care
§ 1078. Medical and dental care for dependents: charges
Statutory text
The Secretary of Defense, after consulting the other administering Secretaries, shall prescribe fair charges for inpatient medical and dental care given to dependents under section 1076 of this title. The charge or charges prescribed shall be applied equally to all classes of dependents.
As a restraint on excessive demands for medical and dental care under section 1076 of this title, uniform minimal charges may be imposed for outpatient care. Charges may not be more than such amounts, if any, as the Secretary of Defense may prescribe after consulting the other administering Secretaries, and after a finding that such charges are necessary.
Amounts received for subsistence and medical and dental care given under section 1076 of this title shall be deposited to the credit of the appropriation supporting the maintenance and operation of the facility furnishing the care.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 85–861 § 1(25)(B) · 72 Stat. 1437
Enacted · 10 U.S.C. § 1078
Added Pub. L. 85–861, § 1(25)(B), Sept. 2, 1958, 72 Stat. 1448
Source evidence
Code source credit
Added Pub. L. 85–861, § 1(25)(B), Sept. 2, 1958, 72 Stat. 1448Enacted provision · exact public law section
(1) Section 101 is amended by inserting the following new clause after clause (24): “(25) ‘Active status’ means the status of a reserve commissioned officer, other than a commissioned warrant officer, who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve.”Military Medical Benefits Amendments of 1966
Pub. L. 89–614 § 2(5) · 80 Stat. 862
Substituted · 10 U.S.C. § 1078(a)
Pub. L. 89–614 substituted “The charge or charges prescribed shall be applied equally to all classes of dependents” for “Charges shall be the same for all dependents”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 89–614 substituted “The charge or charges prescribed shall be applied equally to all classes of dependents” for “Charges shall be the same for all dependents”.Enacted provision · exact public law section
(5) Section 1078(a) is amended by deleting the last sentence and adding the following sentence at the end thereof: “The charge or charges prescribed shall be applied equally to all classes of dependents.”Defense Officer Personnel Management Act
Pub. L. 96–513 title V § 511(36) · 94 Stat. 2835
Substituted · 10 U.S.C. § 1078(a); 10 U.S.C. § 1078(b)
Pub. L. 96–513 substituted “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare”
Source evidence
Code amendment note
Subsecs. (a), (b). Pub. L. 96–513 substituted “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare”.Enacted provision · exact public law section
(36) Sections 1072(2)(E)(iii), 1073, 1074, 1076, 1078, 1079, 1080, 1081, 1083, 1084, 1085, and 1086 are amended by striking out “Secretary of Health, Education, and Welfare” each place it appears and inserting in lieu thereof “Secretary of Health and Human Services”.Effective date note
Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.Coast Guard Authorization Act of 1984
Pub. L. 98–557 § 19(6) · 98 Stat. 2860
Substituted · 10 U.S.C. § 1078(a); 10 U.S.C. § 1078(b)
Pub. L. 98–557 substituted reference to other administering Secretaries for reference to Secretary of Health and Human Services
Source evidence
Code amendment note
Subsecs. (a), (b). Pub. L. 98–557 substituted reference to other administering Secretaries for reference to Secretary of Health and Human Services.Enacted provision · exact public law section
(6) in section 1078 (a) and (b), by striking “the Secretary of Health and Human Services” and inserting in lieu thereof “the other administering Secretaries”;
4 of 4 references resolved to an enrolled provision
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 1078(a)1078(b)1078(c) | 37:403(c).37:403(d).37:403(e). | June 7, 1956, ch. 374, § 103(c)(d), (e), 70 Stat. 251. |
Appropriate references are made to dental care throughout the section to reflect the fact that in certain limited situations, dependents are entitled to dental care under 37:403(h)(4), restated as section 1077(d) of this title.
In subsection (b), the word “special” is omitted as surplusage.
Editorial Notes
Prior Provisions
A prior section 1078, act Aug. 10, 1956, ch. 1041, 70A Stat. 84, prescribed instructions for marking ballots, prior to repeal by Pub. L. 85–861, § 36B(5), , 72 Stat. 1570, as superseded by the Federal Voting Assistance Act of 1955 which is classified to subchapter I–D (§ 1973cc et seq.) of chapter 20 of Title 42, The Public Health and Welfare.
Amendments1966–1984 · 3 rounds
1984
Subsecs. (a), (b). Pub. L. 98–557 substituted reference to other administering Secretaries for reference to Secretary of Health and Human Services.
1980
Subsecs. (a), (b). Pub. L. 96–513 substituted “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare”.
1966
Subsec. (a). Pub. L. 89–614 substituted “The charge or charges prescribed shall be applied equally to all classes of dependents” for “Charges shall be the same for all dependents”.
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–513 effective , see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.
Effective Date of 1966 Amendment
For effective date of amendment by Pub. L. 89–614, see section 3 of Pub. L. 89–614, set out as a note under section 1071 of this title.
Credits
1958–1984 · 4 acts
- 1958Added Pub. L. 85–861, § 1(25)(B), , 72 Stat. 1448
- 1966amended Pub. L. 89–614, § 2(5), , 80 Stat. 863
- 1980Pub. L. 96–513, title V, § 511(36), , 94 Stat. 2923
- 1984Pub. L. 98–557, § 19(6), , 98 Stat. 2869.
Show as published
(Added Pub. L. 85–861, § 1(25)(B), , 72 Stat. 1448; amended Pub. L. 89–614, § 2(5), , 80 Stat. 863; Pub. L. 96–513, title V, § 511(36), , 94 Stat. 2923; Pub. L. 98–557, § 19(6), , 98 Stat. 2869.)