[Title 32 CFR B]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 32 - NATIONAL DEFENSE]
[Subtitle A - Department of Defense (Continued)]
[Chapter Vi - DEPARTMENT OF THE NAVY]
[Subchapter C - PERSONNEL]
[Part 728 - MEDICAL AND DENTAL CARE FOR ELIGIBLE PERSONS AT NAVY MEDICAL DEPARTMENT FACILITIES]
[Subpart B - Members of the Uniformed Services on Active Duty]
[From the U.S. Government Printing Office]
32NATIONAL DEFENSE52002-07-012002-07-01falseMembers of the Uniformed Services on Active DutyBSubpart BNATIONAL DEFENSEDepartment of Defense (Continued)DEPARTMENT OF THE NAVYPERSONNELMEDICAL AND DENTAL CARE FOR ELIGIBLE PERSONS AT NAVY MEDICAL DEPARTMENT FACILITIES
Subpart B--Members of the Uniformed Services on Active Duty
Sec. 728.11 Eligible beneficiaries.
(a) A member of a uniformed service, as defined in subpart A, who is
on active duty is entitled to and will be provided medical and dental
care and adjuncts thereto. For the purpose of this part, the following
are also considered on active duty:
(1) Members of the National Guard in active Federal service pursuant
to a ``call'' under 10 U.S.C. 3500 or 8500.
(2) Midshipmen of the U.S. Naval Academy.
(3) Cadets of the U.S. Military Academy.
(4) Cadets of the Air Force Academy.
(5) Cadets of the Coast Guard Academy.
(b) The following categories of personnel who are on active duty are
entitled to and will be provided medical and dental care and adjuncts
thereto to the same extent as is provided for active duty members of the
Regular service (except reservists when on active duty for training as
delineated in Sec. 728.21).
(1) Members of the Reserve components.
(2) Members of the Fleet Reserve.
(3) Members of the Fleet Marine Corps Reserve.
(4) Members of the Reserve Officers' Training Corps.
(5) Members of all officer candidate programs.
(6) Retired members of the uniformed services.
Sec. 728.12 Extent of care.
Members who are away from their duty stations or are on duty where
there is no MTF of their own service may receive care at the nearest
available Federal MTF (including designated USTFs) with the capability
to provide required care. Care will be provided without regard to
whether the condition for which treatment is required was incurred or
contracted in line of duty.
(a) All uniformed services active duty members. (1) All eligible
beneficiaries
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covered in this subpart are entitled to and will be rendered the
following treatment and services upon application to a naval MTF whose
mission includes the rendering of the care required. This entitlement
provides that when required care and services are beyond the
capabilities of the facility to which the member applies, the commanding
officer of that facility will arrange for care from another USMTF,
designated USTF, or other Federal source or will authorize and arrange
for direct use of supplemental services and supplies from civilian non-
Federal sources out of operation and maintenance funds.
(i) Necessary hospitalization and other medical care.
(ii) Occupational health services as defined in Sec. 728.2(z).
(iii) Necessary prosthetic devices, prosthetic dental appliances,
hearing aids, spectacles, orthopedic footwear, and other orthopedic
appliances (see subpart H). When these items need repair or replacement
and the items were not damaged or lost through negligence, repair or
replacement is authorized at Goverment expense.
(iv) Routine dental care.
(2) When a USMTF, with a mission of providing the care required,
releases the medical management of an active duty member of the Navy,
Marine Corps, Army, Air Force, or a commissioned corps member of USPHS
or NOAA, the resulting civilian health care costs will be paid by the
referring facility.
(3) The member's uniformed service will be billed for care provided
by the civilian facility only when the referring MTF is not organized
nor authorized to provide needed health care (see part 732 of this
chapter for naval members). Saturation of service or facilities does not
fall within this exception. When a naval MTF retains medical management,
the costs of supplemental care obtained from civilian sources is paid
from funds available to operate the MTF which manages care of the
patient. When it becomes necessary to refer a USPHS or NOAA commissioned
corps member to a non-Federal source of care, place a call to the
Department of Health and Human Services (DHHS), Chief, Patient Care
Services on (301) 443-1943 or FTS 443-1943 if DHHS is to assume
financial responsibility. Patient Care Services is the sole source for
providing authorization for non-Federal care at DHHS expense.
(b) Maternity episode for active duty female members. A pregnant
active duty member who lives outside the MHSS inpatient catchment area
of all USMTFs is permitted to choose whether she wishes to deliver in a
closer civilian hospital or travel to the USMTF for delivery. If such a
member chooses to deliver in a naval MTF, makes application, and
presents at that facility at the time for delivery, the provisions of
paragraph (a) of this section apply with respect to the furnishing of
needed care, including routine newborn care (i.e., nursery, newborn
examination, PKU test, etc.); arrangements for care beyond the
facility's capabilities; or the expenditure of funds for supplemental
care or services. Pay expenses incurred for the infant in USMTFs or
civilian facilities (once the mother has been admitted to the USMTF)
from funds available for care of active duty members, unless the infant
becomes a patient in his or her own right either through an extension of
the birthing hospital stay because of complications, subsequent transfer
to another facility, or subsequent admission. If the Government is to
assume financial responsibility for:
(1) Care of pregnant members residing within the MHSS inpatient
catchment area of a uniformed services hospital or in the inpatient
catchment area of a designated USTF, such members are required to:
(i) Make application to that facility for care, or
(ii) Obtain authorization, per part 732 of this chapter, for
delivery in a civilian facility.
(2) Non-Federal care of pregnant members residing outside inpatient
catchment areas of USMTFs and USTFs, the member must request and receive
authorization per part 732 of this chapter. Part 732 of this chapter
also provides for cases of precipitious labor necessitating emergency
care. OPNAVINST 6000.1, Management of
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Pregnant Servicewomen, contains medical-administrative guidelines on
management prior to admission and after discharge from admission for
delivery.
(c) Reserve and National Guard personnel. In addition to those
services covered in paragraphs (a) and (b) of this section, Reserve and
National Guard personnel are authorized the following under conditions
set forth. (See Sec. 728.25 for additional benefits for National Guard
personnel.)
(1) Personnel whose units have an active Army mission of manning
missile sites are authorized spectacle inserts for protective field
masks.
(2) Personnel assigned to units designated for control of civil
disturbances are authorized spectacle inserts for protective field masks
M17.
Sec. 728.13 Application for care.
Possession of an ID card (a green colored DD 2 (with letter suffix
denoting branch of service), Armed Forces Identification Card; a green
colored PHS 1866-1, Identification Card; or a red colored DD 2 Res
(Reservists on active duty for training)) alone does not constitute
sufficient proof of eligibility. Accordingly, make a DEERS check, per
Sec. 728.4(cc), before other than emergency care is rendered to the
extent that may be authorized.
Sec. 728.14 Pay patients.
Care is provided on a reimbursable basis to: Coast Guard active duty
officers, enlisted personnel, and academy cadets; Public Health Service
Commissioned Corps active duty officers; and Commissioned Corps active
duty officers of the National Oceanic and Atmospheric Administration.
Accordingly, patient administration personnel will initiate the
collection action process in subpart J in each instance of inpatient or
outpatient care provided to these categories of patients.