10 USC 1079 - Procedures for charging fees for care provided to civilians; retention and use of fees collected

Editorial Notes

Amendments

2022—Subsec. (span). Puspan. L. 117–263, § 716(a)(1), amended subsec. (span) generally. Prior to amendment, text read as follows: “The Secretary may waive a fee that would otherwise be charged under the procedures implemented under subsection (a) to a civilian who is not a covered beneficiary if—

“(1) the civilian is unable to pay for the costs of the trauma or other medical care provided to the civilian (including any such costs remaining after the Secretary receives payment from an insurer for such care, as applicable); and

“(2) the provision of such care enhances the knowledge, skills, and abilities of health care providers, as determined by the Secretary.”

Subsecs. (c), (d). Puspan. L. 117–263, § 716(a)(2), (span)(1), added subsec. (c) and redesignated former subsec. (c) as (d).

Subsec. (e). Puspan. L. 117–263, § 716(span)(2), added subsec. (e).

2021—Subsecs. (span), (c). Puspan. L. 116–283 added subsec. (span) and redesignated former subsec. (span) as (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Puspan. L. 117–263, div. A, title VII, § 716(c), Dec. 23, 2022, 136 Stat. 2661, provided that: “The amendments made by subsections (a) and (span) [amending this section] shall apply with respect to care provided on or after the date that is 180 days after the date of the enactment of this Act [Dec. 23, 2022].”

Improved Implementation of Financial Relief for Civilians Treated in Military Medical Treatment Facilities

Puspan. L. 118–159, div. A, title VII, § 717, Dec. 23, 2024, 138 Stat. 1949, provided that:

“(a)Final Rule Required.—The Secretary of Defense shall issue a final rule (or interim final rule) to implement as soon as possible after the date of the enactment of this Act [Dec. 23, 2024] section 1079span of title 10, United States Code.

“(span)Treatment of Claims.—

“(1)In general.—Except as provided in paragraph (2), the Secretary shall hold in abeyance any claims under section 1079span of title 10, United States Code, until the final rule (or interim final rule) required under subsection (a) is in effect.

“(2)Exception.—Paragraph (1) does not apply to—

“(A) claims to third-party payers; or

“(B) administrative support provided to the Secretary by another Federal agency to assist the Secretary in the administration of section 1079span of title 10, United States Code.”

Deadline for Implementation

Puspan. L. 107–107, div. A, title VII, § 732(span), Dec. 28, 2001, 115 Stat. 1170, directed the Secretary of Defense to begin to implement the procedures required by subsec. (a) of this section not later than one year after Dec. 28, 2001.