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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.

  1. 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. 1450

    Enacted 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.”

  2. 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.

  3. Defense Officer Personnel Management Act

    Pub. L. 96–513 title V § 511(36) · 94 Stat. 2835

    1. Substituted · 10 U.S.C. § 1085

      Pub. L. 96–513 substituted “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare”

    2. 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.

  4. 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”.

  5. 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.”;

  6. 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 sectionSource (U.S. Code)Source (Statutes at Large)
108537:421(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
  1. 1958Added Pub. L. 85–861, § 1(25)(B), , 72 Stat. 1450
  2. 1965amended Pub. L. 89–264, § 1, , 79 Stat. 989
  3. 1980Pub. L. 96–513, title V, § 511(36), (37), , 94 Stat. 2923
  4. 1983Pub. L. 98–94, title XII, § 1268(6), , 97 Stat. 706
  5. 1984Pub. L. 98–557, § 19(12), , 98 Stat. 2870
  6. 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.)

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