US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 1080

Contracts for medical care for spouses and children: election of facilities

(a)

Election .—

section 1079 of this titlesection 1079 of this titleA dependent covered by may elect to receive inpatient medical care either in (1) the facilities of the uniformed services, under the conditions prescribed by sections 1076–1078 of this title, or (2) the facilities provided under a plan contracted for under . However, under such regulations as the Secretary of Defense, after consulting the other administering Secretaries, may prescribe, the right to make this election may be limited for dependents residing in the area where the member concerned is assigned, if adequate medical facilities of the uniformed services are available in that area for those dependents.
(b)

Issuance of Nonavailability-of-Health-Care Statements .—

In determining whether to issue a nonavailability-of-health-care statement for a dependent described in subsection (a), the commanding officer of a facility of the uniformed services may consider the availability of health care services for the dependent pursuant to any contract or agreement entered into under this chapter for the provision of health care services. Notwithstanding any other provision of law, with respect to obstetrics and gynecological care for beneficiaries not enrolled in a managed care plan offered pursuant to any contract or agreement under this chapter, a nonavailability-of-health-care statement shall be required for receipt of health care services related to outpatient prenatal, outpatient or inpatient delivery, and outpatient post-partum care subsequent to the visit which confirms the pregnancy.
(c)

Waivers and Exceptions to Requirements .—

(1)
A covered beneficiary enrolled in a managed care plan offered pursuant to any contract or agreement under this chapter for the provision of health care services shall not be required to obtain a nonavailability-of-health-care statement as a condition for the receipt of health care.
(2)
The Secretary of Defense may waive the requirement to obtain nonavailability-of-health-care statements following an evaluation of the effectiveness of such statements in optimizing the use of facilities of the uniformed services.

Pub. L. 85–861, § 1(25)(B)72 Stat. 1449Pub. L. 96–513, title V, § 511(36)94 Stat. 2923Pub. L. 98–557, § 19(8)98 Stat. 2870Pub. L. 103–160, div. A, title VII, § 716(b)(1)107 Stat. 1692Pub. L. 104–201, div. A, title VII, § 734(a)(1)110 Stat. 2598Pub. L. 106–65, div. A, title VII, § 712(c)113 Stat. 687(Added , , ; amended , , ; , , ; , , ; , (b)(1), (c), , ; , , .)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

1080

37:411(c).

June 7, 1956, ch. 374, § 201(c), 70 Stat. 252.

section 1079 of this titleThe words “a plan contracted for under ” are substituted for the words “such insurance, medical service, or health plan or plans as may be provided by the authority contained in this section”. The words “under the terms of this chapter” are omitted as surplusage.

Editorial Notes

Prior Provisions

act Aug. 10, 1956, ch. 104170A Stat. 85Pub. L. 85–861, § 36B(5)72 Stat. 1570A prior section 1080, , , related to style and marking of envelopes, inserts, return envelopes, and to weight of ballots, prior to repeal by , , , 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.

Amendments

Pub. L. 106–651999—Subsec. (b). inserted at end “Notwithstanding any other provision of law, with respect to obstetrics and gynecological care for beneficiaries not enrolled in a managed care plan offered pursuant to any contract or agreement under this chapter, a nonavailability-of-health-care statement shall be required for receipt of health care services related to outpatient prenatal, outpatient or inpatient delivery, and outpatient post-partum care subsequent to the visit which confirms the pregnancy.”

Pub. L. 104–201, § 734(a)(1)1996—Subsec. (a). , inserted “inpatient” before “medical care” in first sentence.

Pub. L. 104–201, § 734(c)Subsec. (b). , substituted “Nonavailability-of-Health-Care Statements” for “Nonavailability of Health Care Statements” in heading and “nonavailability-of-health-care statement” for “nonavailability of health care statement” in text.

Pub. L. 104–201, § 734(b)(1)Subsec. (c). , added subsec. (c).

Pub. L. 103–1601993— designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

Pub. L. 98–5571984— substituted reference to administering Secretaries for reference to Secretary of Health and Human Services.

Pub. L. 96–5131980— substituted “Secretary of Health and Human Services” for “Secretary of Health, Education, and Welfare”.

Statutory Notes and Related Subsidiaries

Effective Date of 1980 Amendment

Pub. L. 96–513section 701(b)(3) of Pub. L. 96–513section 101 of this titleAmendment by effective , see , set out as a note under .