§ 1087. Programing facilities for certain members, former members, and their dependents in construction projects of the uniformed services

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. 1966

   Military Medical Benefits Amendments of 1966

   Pub. L. 89–614 § 2(7) · 80 Stat. 862

   Enacted · 10 U.S.C. § 1087

   Added Pub. L. 89–614, § 2(7), Sept. 30, 1966, 80 Stat. 866

   Source evidence

   Code source credit
   Added Pub. L. 89–614, § 2(7), Sept. 30, 1966, 80 Stat. 866

   Enacted provision · exact public law section
   (7) The following new sections are added after section 1085: “§ 1086. Contracts for health benefits for certain members, former members, and their dependents “(a) To assure that health benefits are available for the persons covered by subsection (c), the Secretary of Defense, after consulting with the Secretary of Health, Education, and Welfare, shall contract under the authority of this section for health benefits for those persons under the same insurance, medical service, or health plans he contracts for under section 1079(a) of this title. Ante, p. 863. “(b) For persons covered by this section the plans contracted for under section 1079(a) of this title shall contain the following provisions for payment by the patient: “(1) Except as provided in clause (2), the first $50 each fiscal Payment provisions. year of the charges for all types of care authorized by this section and received while in an outpatient status and 25 per centum of all subsequent charges for such care during a fiscal year. “(2) A family group of two or more persons covered by this section shall not be required to pay collectively more than the first $100 each fiscal year of the charges for all types of care authorized by this section and received while in an outpatient status and 25 per centum of the additional charges for such care during a fiscal year. “(3) 25 per centum of the charges for inpatient care. “(c) The following persons are eligible for health benefits under Eligibility for health benefits. this section: “(1) Those covered by sections 1074(b) and 1076(b) of this Ante, p. 862; 72 Stat. 1446. title, except those covered by section 1072(2) (F) of this title. “(2) A dependent of a member of a uniformed service who died while on active duty for a period of more than thirty days, except a dependent covered by section 1072(2) (F) of this title. However, a person who is entitled to hospital insurance benefits under title I of the Social Security Amendments of 1965 (79 Stat. 286) is not eligible for health benefits under this section. “(d) No benefits shall be payable under any plan covered by this section in the case of a person enrolled in any other insurance, medical service, or health plan provided by law or through employment unless that person certifies that the particular benefit he is claiming is not payable under the other plan. “(e) A person covered by this section may elect to receive benefits either in (1) Government facilities, under the conditions prescribed in sections 1074 and 1076–1078 of this title, or (2) the facilities provided under a plan contracted for under this section. However, under joint regulations issued by the Secretary of Defense and the Secretary of Health, Education, and Welfare, the right to make this election may be limited for those persons residing in an area where adequate facilities of the uniformed service are available. “§ 1087. Programing facilities for certain members, former members, and their dependents in construction projects of the uniformed services “Space for inpatient and outpatient care may be programed in facilities of the uniformed services for persons covered by sections 1074(b) and 1076(b) of this title. The amount of space so programed shall be limited to that amount determined by the Secretary concerned to be necessary to support teaching and training requirements in uniformed services facilities, except that space may be programed in areas having a large concentration of retired members and their dependents where there is also a projected critical shortage of community facilities.”

2. 1982

   Pub. L. 97–337 § 1(1) · 96 Stat. 1631

   Amended · 10 U.S.C. § 1087(a)

   Pub. L. 97–337, § 1(1), designated existing provisions as subsec. (a)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 97–337, § 1(1), designated existing provisions as subsec. (a).

   Enacted provision · exact public law section
   (1) by inserting “(a)” before “Space for”; and

   Effective date note
   Pub. L. 97–337, § 2, Oct. 15, 1982, 96 Stat. 1632, provided that: “The amendment made by paragraph (2) of the first section of this Act [amending this section] shall apply only with respect to a facility for which funds for construction (or a major alteration) are first appropriated for a fiscal year after fiscal year 1983.”

3. 1982

   Pub. L. 97–337 § 1(2) · 96 Stat. 1631

   Substituted · 10 U.S.C. § 1087(a)

   Pub. L. 97–337, § 1(2), substituted provisions limiting the maximum amount of space to be programed as the greater of the amounts of space described in par. (1) or (2) for provisions limiting the amount of space to be programed to that amount needed to support teaching and training requirements, except that space may be programed in areas having large concentrations of retired members where there is a critical shortage of facilities

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 97–337, § 1(2), substituted provisions limiting the maximum amount of space to be programed as the greater of the amounts of space described in par. (1) or (2) for provisions limiting the amount of space to be programed to that amount needed to support teaching and training requirements, except that space may be programed in areas having large concentrations of retired members where there is a critical shortage of facilities.

   Enacted provision · exact public law section
   (1) by inserting “(a)” before “Space for”; and

   Effective date note
   Pub. L. 97–337, § 2, Oct. 15, 1982, 96 Stat. 1632, provided that: “The amendment made by paragraph (2) of the first section of this Act [amending this section] shall apply only with respect to a facility for which funds for construction (or a major alteration) are first appropriated for a fiscal year after fiscal year 1983.”

4. 1982

   Pub. L. 97–337 § 1(2) · 96 Stat. 1631

   Added · 10 U.S.C. § 1087(b)

   Pub. L. 97–337, § 1(2), added subsec. (b)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 97–337, § 1(2), added subsec. (b).

   Enacted provision · exact public law section
   (1) by inserting “(a)” before “Space for”; and

   Effective date note
   Pub. L. 97–337, § 2, Oct. 15, 1982, 96 Stat. 1632, provided that: “The amendment made by paragraph (2) of the first section of this Act [amending this section] shall apply only with respect to a facility for which funds for construction (or a major alteration) are first appropriated for a fiscal year after fiscal year 1983.”

5. 1984

   Department of Defense Authorization Act, 1985

   Pub. L. 98–525 title XIV § 1405(24) · 98 Stat. 2492

   Inserted · 10 U.S.C. § 1087(b)(2)

   Pub. L. 98–525 which directed that “(42 U.S.C. 1395c et seq.)” be inserted after “the Social Security Act.”, was executed by inserting parenthetical after “the Social Security Act” to reflect the probable intent of Congress. See 1986 Amendment note above

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 98–525 which directed that “(42 U.S.C. 1395c et seq.)” be inserted after “the Social Security Act.”, was executed by inserting parenthetical after “the Social Security Act” to reflect the probable intent of Congress. See 1986 Amendment note above.

   Enacted provision · exact public law section
   (24) Section 1087(b)(2) is amended by inserting “(42 U.S.C. 1395c et seq.)” after “the Social Security Act.”

6. 1986

   Department of Defense Authorization Act, 1987

   Pub. L. 99–661 div. A title XIII § 1343(a)(4) · 100 Stat. 3816

   Substituted · 10 U.S.C. § 1087(b)(2)

   Pub. L. 99–661 substituted “Act (42 U.S.C. 1395c et seq.))” for “Act. (42 U.S.C. 1395c et seq.)”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 99–661 substituted “Act (42 U.S.C. 1395c et seq.))” for “Act. (42 U.S.C. 1395c et seq.)”.

   Enacted provision · exact public law section
   (4) Section 1087(b)(2) is amended by striking out “title XVIII” and all that follows and inserting in lieu thereof “title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.)).”.

6 of 6 references resolved to an enrolled provision