Title 10 — Armed Forces
Part II · Chapter 55 — Medical and Dental Care
§ 1085. Medical and dental care from another executive department: reimbursement
Statutory text
If a member or former member of a uniformed service under the jurisdiction of one executive department (or a dependent of such a member or former member) receives inpatient medical or dental care in a facility under the jurisdiction of another executive department, the appropriation for maintaining and operating the facility furnishing the care shall be reimbursed at rates established by the President to reflect the average cost of providing 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. § 1085
Added Pub. L. 85–861, § 1(25)(B), Sept. 2, 1958, 72 Stat. 1450
Source evidence
Code source credit
Added Pub. L. 85–861, § 1(25)(B), Sept. 2, 1958, 72 Stat. 1450Enacted 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.”Pub. L. 89–264 § 1 · 79 Stat. 989
Substituted · 10 U.S.C. § 1085
Pub. L. 89–264 substituted “executive department” for “uniformed service” in section catchline, and provisions requiring reimbursement if a member or former member of an armed force under the jurisdiction of a military department, or his dependent receives care in a facility under the jurisdiction of Secretary of Health, Education, and Welfare, or if a member or former member of a uniformed service not under the jurisdiction of a military department, or his dependent, receives care in a facility of an armed force under the jurisdiction of a military department, for provisions which required reimbursement if a person received care in a facility of a uniformed service other than that of the member or former member concerned
Source evidence
Code amendment note
Pub. L. 89–264 substituted “executive department” for “uniformed service” in section catchline, and provisions requiring reimbursement if a member or former member of an armed force under the jurisdiction of a military department, or his dependent receives care in a facility under the jurisdiction of Secretary of Health, Education, and Welfare, or if a member or former member of a uniformed service not under the jurisdiction of a military department, or his dependent, receives care in a facility of an armed force under the jurisdiction of a military department, for provisions which required reimbursement if a person received care in a facility of a uniformed service other than that of the member or former member concerned.Defense Officer Personnel Management Act
Pub. L. 96–513 title V § 511(36) · 94 Stat. 2835
Substituted · 10 U.S.C. § 1085
Pub. L. 96–513 substituted “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare”
Substituted · 10 U.S.C. § 1085
Pub. L. 96–513 substituted “President” for “Bureau of the Budget”
Source evidence
Code amendment note
Pub. L. 96–513 substituted “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare”, and “President” for “Bureau of the Budget”.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.Department of Defense Authorization Act, 1984
Pub. L. 98–94 title XII § 1268(6) · 97 Stat. 614
Inserted · 10 U.S.C. § 1085
Pub. L. 98–94 inserted a comma after “If a member or former member of an armed force under the jurisdiction of a military department, or his dependent”
Source evidence
Code amendment note
Pub. L. 98–94 inserted a comma after “If a member or former member of an armed force under the jurisdiction of a military department, or his dependent”.Coast Guard Authorization Act of 1984
Pub. L. 98–557 § 19(12) · 98 Stat. 2860
Substituted · 10 U.S.C. § 1085
Pub. L. 98–557 substituted “If a member or former member of a uniformed service under the jurisdiction of one executive department (or a dependent of such a member or former member) receives inpatient medical or dental care in a facility under the jurisdiction of another executive department, the appropriation for maintaining and operating the facility furnishing the care shall be reimbursed at rates established by the President to reflect the average cost of providing the care” for “If a member or former member of an armed force under the jurisdiction of a military department, or his dependent, receives inpatient medical or dental care in a facility under the jurisdiction of the Secretary of Health and Human Services, or if a member or former member of a uniformed service not under the jurisdiction of a military department, or his dependent, receives inpatient medical or dental care in a facility of an armed force under the jurisdiction of a military department, the appropriation for maintaining and operating the facility furnishing that care shall be reimbursed at rates established by the President to reflect the average cost of providing such care”
Source evidence
Code amendment note
Pub. L. 98–557 substituted “If a member or former member of a uniformed service under the jurisdiction of one executive department (or a dependent of such a member or former member) receives inpatient medical or dental care in a facility under the jurisdiction of another executive department, the appropriation for maintaining and operating the facility furnishing the care shall be reimbursed at rates established by the President to reflect the average cost of providing the care” for “If a member or former member of an armed force under the jurisdiction of a military department, or his dependent, receives inpatient medical or dental care in a facility under the jurisdiction of the Secretary of Health and Human Services, or if a member or former member of a uniformed service not under the jurisdiction of a military department, or his dependent, receives inpatient medical or dental care in a facility of an armed force under the jurisdiction of a military department, the appropriation for maintaining and operating the facility furnishing that care shall be reimbursed at rates established by the President to reflect the average cost of providing such care”.Enacted provision · exact public law section
(12) by amending the text of section 1085 to read as follows: “If a member or former member of a uniformed service under the jurisdiction of one executive department (or a dependent of such a member or former member) receives inpatient medical or dental care in a facility under the jurisdiction of another executive department, the appropriation for maintaining and operating the facility furnishing the care shall be reimbursed at rates established by the President to reflect the average cost of providing the care.”;Department of Defense Authorization Act, 1986
Pub. L. 99–145 title XIII § 1303(a)(8) · 99 Stat. 583
Changed · 10 U.S.C. § 1085
Pub. L. 99–145 indented first line of text
Source evidence
Code amendment note
Pub. L. 99–145 indented first line of text.Enacted provision · exact public law section
(8) Section 1085 is amended by indenting the first line of the 98 Stat. 2870. text of the section.
5 of 7 references resolved to an enrolled provision · 2 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 1085 | 37:421(d). | June 7, 1956, ch. 374, § 301(d), 70 Stat. 253. |
The words “other than that of the member or former member concerned” are substituted for the words “that is not the service of which he is a member or retired member, or that is not the service of the member or retired member upon whom he is dependent”. The word “medical” before the word “facility” is omitted to make clear that the provision also relates to dental care. The words “pursuant to the provisions of this chapter” are omitted as surplusage.
Editorial Notes
Prior Provisions
A prior section 1085, act Aug. 10, 1956, ch. 1041, 70A Stat. 87, related to prevention of fraud, coercion, and undue influence, to free discussion, and to acts done in good faith, 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.
Amendments1965–1985 · 5 rounds
1985
Pub. L. 99–145 indented first line of text.
1984
Pub. L. 98–557 substituted “If a member or former member of a uniformed service under the jurisdiction of one executive department (or a dependent of such a member or former member) receives inpatient medical or dental care in a facility under the jurisdiction of another executive department, the appropriation for maintaining and operating the facility furnishing the care shall be reimbursed at rates established by the President to reflect the average cost of providing the care” for “If a member or former member of an armed force under the jurisdiction of a military department, or his dependent, receives inpatient medical or dental care in a facility under the jurisdiction of the Secretary of Health and Human Services, or if a member or former member of a uniformed service not under the jurisdiction of a military department, or his dependent, receives inpatient medical or dental care in a facility of an armed force under the jurisdiction of a military department, the appropriation for maintaining and operating the facility furnishing that care shall be reimbursed at rates established by the President to reflect the average cost of providing such care”.
1983
Pub. L. 98–94 inserted a comma after “If a member or former member of an armed force under the jurisdiction of a military department, or his dependent”.
1980
Pub. L. 96–513 substituted “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare”, and “President” for “Bureau of the Budget”.
1965
Pub. L. 89–264 substituted “executive department” for “uniformed service” in section catchline, and provisions requiring reimbursement if a member or former member of an armed force under the jurisdiction of a military department, or his dependent receives care in a facility under the jurisdiction of Secretary of Health, Education, and Welfare, or if a member or former member of a uniformed service not under the jurisdiction of a military department, or his dependent, receives care in a facility of an armed force under the jurisdiction of a military department, for provisions which required reimbursement if a person received care in a facility of a uniformed service other than that of the member or former member concerned.
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.
Transfer of Funds Necessary To Provide Medical Care
Pub. L. 114–120, title II, § 217, , 130 Stat. 46, related to transfer of funds from the Secretary of Homeland Security to the Secretary of Defense in lieu of reimbursement required under section 1085 of title 10, prior to repeal by Pub. L. 114–328, div. A, title VII, § 722(c), , 130 Stat. 2229.
Executive Documents
Delegation of Functions
Authority of President under this section to establish uniform rates of reimbursement for inpatient medical or dental care delegated to Secretary of Health and Human Services in respect of such care in a facility under his jurisdiction and to Secretary of Defense in respect of such care in a facility of an armed force under jurisdiction of a military department, see section 6 of Ex. Ord. No. 11609, , 36 F.R. 13747, set out as a note under section 301 of Title 3, The President.
Credits
1958–1985 · 6 acts
- 1958Added Pub. L. 85–861, § 1(25)(B), , 72 Stat. 1450
- 1965amended Pub. L. 89–264, § 1, , 79 Stat. 989
- 1980Pub. L. 96–513, title V, § 511(36), (37), , 94 Stat. 2923
- 1983Pub. L. 98–94, title XII, § 1268(6), , 97 Stat. 706
- 1984Pub. L. 98–557, § 19(12), , 98 Stat. 2870
- 1985Pub. L. 99–145, title XIII, § 1303(a)(8), , 99 Stat. 739.
Show as published
(Added Pub. L. 85–861, § 1(25)(B), , 72 Stat. 1450; amended Pub. L. 89–264, § 1, , 79 Stat. 989; Pub. L. 96–513, title V, § 511(36), (37), , 94 Stat. 2923; Pub. L. 98–94, title XII, § 1268(6), , 97 Stat. 706; Pub. L. 98–557, § 19(12), , 98 Stat. 2870; Pub. L. 99–145, title XIII, § 1303(a)(8), , 99 Stat. 739.)