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Title 10 — Armed Forces

Part II · Chapter 55 — Medical and Dental Care

§ 1104. Sharing of health-care resources with the Department of Veterans Affairs

Statutory text

(a)

Sharing of Health-Care Resources.—

Health-care resources of the Department of Defense shall be shared with health-care resources of the Department of Veterans Affairs in accordance with section 8111 of title 38 or under section 1535 of title 31.

(b)

Reimbursement From CHAMPUS Funds.—

Pursuant to an agreement entered into under section 8111 of title 38 or section 1535 of title 31, the Secretary of a military department may reimburse the Secretary of Veterans Affairs from funds available for that military department for the payment of medical care provided under section 1079 or 1086 of this title.

(c)

Charges.—

The Secretary of Defense may prescribe by regulation a premium, deductible, copayment, or other charge for health care provided to covered beneficiaries under this chapter pursuant to an agreement entered into by the Secretary of a military department under section 8111 of title 38 or section 1535 of title 31.

(d)

Provision of Services During War or National Emergency.—

Members of the armed forces on active duty during and immediately following a period of war, or during and immediately following a national emergency involving the use of the armed forces in armed conflict, may be provided health-care services by the Department of Veterans Affairs in accordance with section 8111A of title 38.

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. National Defense Authorization Act for Fiscal Years 1990 and 1991

    Pub. L. 101–189 div. A title VII § 722(a) · 103 Stat. 1352

    Enacted · 10 U.S.C. § 1104

    Added Pub. L. 101–189, div. A, title VII, § 722(a), Nov. 29, 1989, 103 Stat. 1477

    Source evidence

    Code source credit
    Added Pub. L. 101–189, div. A, title VII, § 722(a), Nov. 29, 1989, 103 Stat. 1477

    Enacted provision · exact public law section
    (a) In General.— Chapter 55 of title 10, United States Code, is amended by adding at the end the following new section: “§ 4104. Sharing of health-care resources with the Department of Veterans Affairs “(a) Sharing of Health-Care Resources.— Health-care resources of the Department of Defense may be shared with health-care resources of the Department of Veterans Affairs in accordance with section 5011 of title 38 or under section 1535 of title 31. “(b) Reimbursement From CHAMPUS Funds.— Pursuant to an agreement entered into under section 5011 of title 38 or section 1535 of title 31, the Secretary of a military department may reimburse the Secretary of Veterans Affairs from funds available for that military department for the payment of medical care provided under section 1079 or 1086 of this title. “(c) Charges.— The Secretary of Defense may prescribe by regulation a premium, deductible, copayment, or other charge for health care provided to covered beneficiaries under this chapter pursuant to an agreement entered into by the Secretary of a military department under section 5011 of title 38 or section 1535 of title 31. “(d) Provision of Services During War or National Emergency.— Members of the armed forces on active duty during and immediately following a period of war, or during and immediately following a national emergency involving the use of the armed forces in armed conflict, may be provided health-care services by the Department of Veterans Affairs in accordance with section 5011A of title 38.”.

  2. Wagner-O’Day Act

    Pub. L. 102–484 § 1052(14)(A) · 106 Stat. 2315

    Substituted · 10 U.S.C. § 1104(a)(c)

    Pub. L. 102–484, § 1052(14)(A), substituted “section 8011 of title 38” for “section 5011 of title 38”

    Source evidence

    Code amendment note
    Subsecs. (a) to (c). Pub. L. 102–484, § 1052(14)(A), substituted “section 8011 of title 38” for “section 5011 of title 38”.

    Enacted provision · exact public law section
    (A) by striking out “section 5011 of title 38” in subsections (a), (b), and (c) and inserting in lieu thereof “section 8011 of title 38”; and

  3. Wagner-O’Day Act

    Pub. L. 102–484 § 1052(14)(B) · 106 Stat. 2315

    Substituted · 10 U.S.C. § 1104(d)

    Pub. L. 102–484, § 1052(14)(B), substituted “section 8011A of title 38” for “section 5011A of title 38”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 102–484, § 1052(14)(B), substituted “section 8011A of title 38” for “section 5011A of title 38”.

    Enacted provision · exact public law section
    (B) by striking out “section 5011A of title 38” in subsection (d) and inserting in lieu thereof “section 8011A of title 38”.

  4. Pub. L. 103–35 § 201(c)(1)(A) · 107 Stat. 97

    Substituted · 10 U.S.C. § 1104(a)(c)

    Pub. L. 103–35, § 201(c)(1)(A), substituted “section 8111 of title 38” for “section 8011 of title 38”

    Source evidence

    Code amendment note
    Subsecs. (a) to (c). Pub. L. 103–35, § 201(c)(1)(A), substituted “section 8111 of title 38” for “section 8011 of title 38”.

    Enacted provision · exact public law section
    (A) in subsections (a), (b), and (c), by striking out “section 8011 of title 38” and inserting in lieu thereof “section 8111 of title 38”; and

  5. Pub. L. 103–35 § 201(c)(1)(B) · 107 Stat. 97

    Substituted · 10 U.S.C. § 1104(d)

    Pub. L. 103–35, § 201(c)(1)(B), substituted “section 8111A of title 38” for “section 8011A of title 38”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 103–35, § 201(c)(1)(B), substituted “section 8111A of title 38” for “section 8011A of title 38”.

    Enacted provision · exact public law section
    (B) in subsection (d), by striking out “section 8011A of title 38” and inserting in lieu thereof “section 8111A of title 38”.

  6. Pub. L. 107–314 div. A title VII § 721(b) · 116 Stat. 2458

    Substituted · 10 U.S.C. § 1104(a)

    Pub. L. 107–314 substituted “shall” for “may”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 107–314 substituted “shall” for “may”.

    Enacted provision · exact public law section
    (b) Conforming Amendment.— Section 1104(a) of title 10, United States Code, is amended by striking “may” and inserting “shall”.

    Effective date note
    Amendment by Pub. L. 107–314 effective Oct. 1, 2003, see section 721(c) of Pub. L. 107–314, set out as a note under section 8111 of Title 38, Veterans’ Benefits.

6 of 6 references resolved to an enrolled provision

Editorial Notes

Amendments1992–2002 · 3 rounds

2002

Subsec. (a). Pub. L. 107–314 substituted “shall” for “may”.

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–314 effective , see section 721(c) of Pub. L. 107–314, set out as a note under section 8111 of Title 38, Veterans’ Benefits.

Credits

1989–2002 · 4 acts
  1. 1989Added Pub. L. 101–189, div. A, title VII, § 722(a), , 103 Stat. 1477
  2. 1992amended Pub. L. 102–484, div. A, title X, § 1052(14), , 106 Stat. 2499
  3. 1993Pub. L. 103–35, title II, § 201(c)(1), , 107 Stat. 98
  4. 2002Pub. L. 107–314, div. A, title VII, § 721(b), , 116 Stat. 2595.
Show as published

(Added Pub. L. 101–189, div. A, title VII, § 722(a), , 103 Stat. 1477; amended Pub. L. 102–484, div. A, title X, § 1052(14), , 106 Stat. 2499; Pub. L. 103–35, title II, § 201(c)(1), , 107 Stat. 98; Pub. L. 107–314, div. A, title VII, § 721(b), , 116 Stat. 2595.)

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