§ 1100. Defense Health Program Account

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. 1986

   Department of Defense Authorization Act, 1987

   Pub. L. 99–661 div. A title VII § 701(a)(1) · 100 Stat. 3816

   Enacted · 10 U.S.C. § 1100

   Added Pub. L. 99–661, div. A, title VII, § 701(a)(1), Nov. 14, 1986, 100 Stat. 3896

   Source evidence

   Code source credit
   Added Pub. L. 99–661, div. A, title VII, § 701(a)(1), Nov. 14, 1986, 100 Stat. 3896

   Enacted provision · exact public law section
   (1) Chapter 55 of title 10, United States Code, is amended by adding at the end the following new sections: “§ 1096. Military-civilian health services partnership program “(a) Resources Sharing Agreements.— The Secretary of Defense may enter into an agreement providing for the sharing of resources between facilities of the uniformed services and facilities of a civilian health care provider or providers that the Secretary contracts 10 USC 1079, 1086, 1097. with under section 1079, 1086, or 1097 of this title if the Secretary determines that such an agreement would result in the delivery of health care to which covered beneficiaries are entitled under this chapter in a more effective, efficient, or economical manner. “(b) Eligible Resources.— An agreement entered into under subsection (a) may provide for the sharing of— “(1) personnel (including support personnel); “(2) equipment; “(3) supplies; and “(4) any other items or facilities necessary for the provision of health care services. “(c) Computation of Charges.— A covered beneficiary, with respect to care provided to such beneficiary in facilities of the uniformed services under a sharing agreement entered into under subsection (a), shall pay— “(1) in the case of a dependent, the charges prescribed by section 1078 of this title; and 10 USC 1078. “(2) in the case of a member or former member entitled to retired or retainer pay, the charges prescribed by section 1075 of this title. 10 USC 1075. “§ 1097. Contracts for medical care for retirees, dependents, and survivors: alternative delivery of health care “(a) In General.— The Secretary of Defense, after consulting with the other administering Secretaries, may contract for the delivery of health care to which covered beneficiaries are entitled under this chapter. The Secretary may enter into a contract under this section with any of the following: “(1) Health maintenance organizations. “(2) Preferred provider organizations. “(3) Individual providers, individual medical facilities, or insurers. “(4) Consortiums of such providers, facilities, or insurers. “(b) Scope of Coverage Under Health Care Plans.— A contract entered into under this section may provide for the delivery of— “(1) selected health care services; “(2) total health care services for selected covered beneficiaries; or “(3) total health care services for all covered beneficiaries who reside in a geographical area designated by the Secretary. “(c) Charges for Health Care.— The Secretary of Defense may prescribe by regulation a premium, deductible, copayment, or other charge for health care provided under this section. “§ 1098. Incentives for participation in cost-effective health care plans “(a) Waiver of Limitations and Copayments.— Subject to subsections Contracts. (b) and (c), the Secretary of Defense, with respect to any plan contracted for under the authority of section 1079 or 1086 of this title, may waive, in whole or in part— 10 USC 1079, 1086. “(1) any limitation set out in the second sentence of section 1079(a) of this title; or “(2) any requirement for payment by the patient under section 1079(b) or 1086(b) of this title. “(b) Determination and Report.— (1) Subject to paragraph (3), the Secretary may waive a limitation or requirement as authorized by subsection (a) if the Secretary determines that during the period of the waiver such a plan will— “(A) be less costly to the Government than a plan subject to such limitations or payment requirements; or “(B) provide better services than those provided by a plan subject to such limitations or payment requirements at no additional cost to the Government. “(2) The Secretary shall submit to the Committees on Armed Reports. Services of the Senate and House of Representatives a report with respect to a waiver under paragraph (1), including a comparison of costs of and benefits available under— “(A) a plan with respect to which the limitations and payment requirements are waived; and “(B) a plan with respect to which there is no such waiver “(3) A waiver under paragraph (1) may not take effect until the end of the 180-day period beginning on the date on which the Secretary submits the report required by paragraph (2) with respect to such waiver. “§ 1099. Health care enrollment system “(a) Establishment of System.— The Secretary of Defense, after consultation with the other administering Secretaries, shall establish a system of health care enrollment for covered beneficiaries who reside in the United States. “(b) Description of System.— Such system shall— “(1) allow covered beneficiaries to elect a health care plan from eligible health care plans designated by the Secretary of Defense; or “(2) if necessary in order to ensure full use of facilities of the uniformed services in a geographical area, assign covered beneficiaries who reside in such area to such facilities. “(c) Health Care Plans Available Under System.— A health care plan designated by the Secretary of Defense under the system described in subsection (a) shall provide all health care to which a covered beneficiary is entitled under this chapter. Such a plan may consist of any of the following: “(1) Use of facilities of the uniformed services. “(2) The Civilian Health and Medical Program of the Uniformed Services. “(3) Contracts. Any other health care plan contracted for by the Secretary of Defense. “(4) Any combination of the plans described in paragraphs (1), (2), and (3). “(d) Regulations.— The Secretary of Defense, after consultation with the other administering Secretaries, shall prescribe regulations to carry out this section. “§ 1100. Military Health Care Account “(a) Establishment of Account.— (1) There is hereby established in the Department of Defense an account to be known as the ‘Military Health Care Account’. All sums appropriated to carry out the functions of the Secretary of Defense with respect to the Civilian Health and Medical Program of the Uniformed Services shall be appropriated to the account. “(2) Amounts appropriated to the account shall remain available until obligated or expended under subsection (b) or (c). “(b) Contracts. Obligation of Amounts From Account by Secretary of Defense.— The Secretary of Defense may obligate or expend funds from the account for purposes of entering into a contract under 10 USC 1079, 1086, 1092; ante, p. 3895. section 1079, 1086, 1092, or 1097 of this title to the extent amounts are available in the account. “(c) Allocation of Amounts in Account for Provision of Medical Care by Service Secretaries.— (1) The Secretary of a military department shall, before the beginning of a fiscal year quarter, provide to the Secretary of Defense an estimate of the amounts necessary to pay for charges for benefits under the program for covered beneficiaries under the jurisdiction of the Secretary for that quarter. “(2) The Secretary of Defense shall, subject to amounts provided in advance in appropriation Acts, make available to each Secretary of a military department the amount from the account that the Secretary of Defense determines is necessary to pay for charges for benefits under the program for covered beneficiaries under the jurisdiction of such Secretary for that quarter. “(d) Expenditure of Amounts From Account by Service Secretaries.— The Secretary of a military department shall provide medical and dental care to covered beneficiaries under the jurisdiction of the Secretary for a fiscal year quarter from amounts appropriated to the Secretary and from amounts from the account made available for that quarter to the Secretary by the Secretary of Defense. If the Secretary of a military department exhausts the amounts from the account made available to the Secretary for a fiscal year quarter, the Secretary shall transfer to the account from amounts appropriated to the Secretary an amount sufficient to provide medical and dental care to covered beneficiaries under the jurisdiction of the Secretary for the remainder of the fiscal year quarter. “(e) Regulations.— The Secretary of Defense shall prescribe regulations to carry out this section. “(f) Definitions.— In this section: “(1) The term ‘account’ means the Military Health Care Account established in subsection (a). “(2) The term ‘program’ means the Civilian Health and Medical Program of the Uniformed Services. “§ 1101. Diagnosis-related groups “(a) Establishment of DRGs.— The Secretary of Defense, after consultation with the other administering Secretaries, shall establish by regulation the use of diagnosis-related groups as the primary criteria for allocation of resources to facilities of the uniformed services. “(b) Exception for Mobilization Missions.— Diagnosis-related groups shall not be used to allocate resources to the facilities of the uniformed services to the extent that such resources are required by such facilities for mobilization missions. “(c) Content of Regulations.— (1) Such regulations shall establish a system of diagnosis-related groups similar to the system established under section 1886(d)(4) of the Social Security Act (42 U.S.C. 1395ww(d)(4)). Such regulations shall include the following: “(1) A classification of inpatient treatments by diagnosis-related groups and a similar classification of outpatient treatment. “(2) A methodology for classifying specific treatments within such groups. “(3) An appropriate weighting factor for each such diagnosis-related group which reflects the relative resources used by a facility of a uniformed service with respect to treatments classified within that group compared to treatments classified within other groups.”.

2. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 § 735(d)(1) · 110 Stat. 186

   1. Amended · 10 U.S.C. § 1100

      Pub. L. 104–106, § 735(d)(1), amended section catchline generally

   2. Substituted · 10 U.S.C. § 1100

      Pub. L. 104–106, § 735(d)(1), substituting “Defense Health Program Account” for “Military Health Care Account”

   Source evidence

   Code amendment note
   Pub. L. 104–106, § 735(d)(1), amended section catchline generally, substituting “Defense Health Program Account” for “Military Health Care Account”.

   Enacted provision · exact public law section
   (1) The heading of such section is amended to read as follows: “§1100. Defense Health Program Account”.

3. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 § 735(a)(1) · 110 Stat. 186

   1. Substituted · 10 U.S.C. § 1100(a)(1)

      Pub. L. 104–106, § 735(a)(1), substituted “Defense Health Program Account” for “Military Health Care Account”

   2. Substituted · 10 U.S.C. § 1100(a)(1)

      Pub. L. 104–106, § 735(a)(1), substituted “medical and health care programs of the Department of Defense” for “the Civilian Health and Medical Program of the Uniformed Services”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 104–106, § 735(a)(1), substituted “Defense Health Program Account” for “Military Health Care Account” and “medical and health care programs of the Department of Defense” for “the Civilian Health and Medical Program of the Uniformed Services”.

   Enacted provision · exact public law section
   (1) in subsection (a)(1)— (A) by striking out “Military Health Care Account” and inserting in lieu thereof “Defense Health Program Account”; and (B) by striking out “the Civilian Health and Medical Program of the Uniformed Services” and inserting in lieu thereof “medical and health care programs of the Department of Defense”; and

4. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 § 735(b) · 110 Stat. 186

   Amended · 10 U.S.C. § 1100(a)(2)

   Pub. L. 104–106, § 735(b), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Amounts appropriated to the account shall remain available until obligated or expended under subsection (b) or (c).”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 104–106, § 735(b), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Amounts appropriated to the account shall remain available until obligated or expended under subsection (b) or (c).”

   Enacted provision · exact public law section
   (b) Two Year Availability of Certain Appropriations.— Subsection (a)(2) of such section is amended to read as follows: “(2) Of the total amount appropriated for a fiscal year for programs and activities carried out under this chapter, the amount equal to three percent of such total amount shall remain available for obligation until the end of the following fiscal year.”.

5. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 § 735(a)(2) · 110 Stat. 186

   1. Substituted · 10 U.S.C. § 1100(b)

      Pub. L. 104–106, § 735(a)(2), substituted “conducting programs and activities under this chapter, including contracts entered into” for “entering into a contract”

   2. Inserted · 10 U.S.C. § 1100(b)

      Pub. L. 104–106, § 735(a)(2), inserted comma after “title”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 104–106, § 735(a)(2), substituted “conducting programs and activities under this chapter, including contracts entered into” for “entering into a contract” and inserted comma after “title”.

   Enacted provision · exact public law section
   (2) in subsection (b)— (A) by striking out “entering into a contract” and inserting in lieu thereof “conducting programs and activities under this chapter, including contracts entered into”; and (B) by inserting a comma after “title”.

6. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 § 735(c) · 110 Stat. 186

   1. Redesignated · 10 U.S.C. § 1100(c)

      Pub. L. 104–106, § 735(c), redesignated subsec. (e) as (c)

   2. Struck · 10 U.S.C. § 1100(c)

      Pub. L. 104–106, § 735(c), struck out former subsec. (c) which read as follows: “Allocation of Amounts in Account for Provision of Medical Care by Service Secretaries.—(1) The Secretary of a military department shall, before the beginning of a fiscal year quarter, provide to the Secretary of Defense an estimate of the amounts necessary to pay for charges for benefits under the program for covered beneficiaries under the jurisdiction of the Secretary for that quarter

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 104–106, § 735(c), redesignated subsec. (e) as (c) and struck out former subsec. (c) which read as follows: “Allocation of Amounts in Account for Provision of Medical Care by Service Secretaries.—(1) The Secretary of a military department shall, before the beginning of a fiscal year quarter, provide to the Secretary of Defense an estimate of the amounts necessary to pay for charges for benefits under the program for covered beneficiaries under the jurisdiction of the Secretary for that quarter.

   “(2) The Secretary of Defense shall, subject to amounts provided in advance in appropriation Acts, make available to each Secretary of a military department the amount from the account that the Secretary of Defense determines is necessary to pay for charges for benefits under the program for covered beneficiaries under the jurisdiction of such Secretary for that quarter.”

   Enacted provision · exact public law section
   (c) Conforming Amendments.— Such section is further amended— (1) by striking out subsections (c), (d), and (f); and (2) by redesignating subsection (e) as subsection (c).

7. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 § 735(c)(1) · 110 Stat. 186

   Struck · 10 U.S.C. § 1100(d)

   Pub. L. 104–106, § 735(c)(1), struck out subsec. (d) which read as follows: “Expenditure of Amounts From Account by Service Secretaries.—The Secretary of a military department shall provide medical and dental care to covered beneficiaries under the jurisdiction of the Secretary for a fiscal year quarter from amounts appropriated to the Secretary and from amounts from the account made available for that quarter to the Secretary by the Secretary of Defense. If the Secretary of a military department exhausts the amounts from the account made available to the Secretary for a fiscal year quarter, the Secretary shall transfer to the account from amounts appropriated to the Secretary an amount sufficient to provide medical and dental care to covered beneficiaries under the jurisdiction of the Secretary for the remainder of the fiscal year quarter.”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 104–106, § 735(c)(1), struck out subsec. (d) which read as follows: “Expenditure of Amounts From Account by Service Secretaries.—The Secretary of a military department shall provide medical and dental care to covered beneficiaries under the jurisdiction of the Secretary for a fiscal year quarter from amounts appropriated to the Secretary and from amounts from the account made available for that quarter to the Secretary by the Secretary of Defense. If the Secretary of a military department exhausts the amounts from the account made available to the Secretary for a fiscal year quarter, the Secretary shall transfer to the account from amounts appropriated to the Secretary an amount sufficient to provide medical and dental care to covered beneficiaries under the jurisdiction of the Secretary for the remainder of the fiscal year quarter.”

   Enacted provision · exact public law section
   (1) by striking out subsections (c), (d), and (f); and

8. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 § 735(c)(2) · 110 Stat. 186

   Redesignated · 10 U.S.C. § 1100(e)

   Pub. L. 104–106, § 735(c)(2), redesignated subsec. (e) as (c)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 104–106, § 735(c)(2), redesignated subsec. (e) as (c).

   Enacted provision · exact public law section
   (2) by redesignating subsection (e) as subsection (c).

9. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 § 735(c)(1) · 110 Stat. 186

   Struck · 10 U.S.C. § 1100(f)

   Pub. L. 104–106, § 735(c)(1), struck out subsec. (f) which read as follows: “Definitions.—In this section:

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 104–106, § 735(c)(1), struck out subsec. (f) which read as follows: “Definitions.—In this section:

   “(1) The term ‘account’ means the Military Health Care Account established in subsection (a). “(2) The term ‘program’ means the Civilian Health and Medical Program of the Uniformed Services.”

   Enacted provision · exact public law section
   (1) by striking out subsections (c), (d), and (f); and

13 of 13 references resolved to an enrolled provision