[Title 32 CFR 732.11]
[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 732 - NONNAVAL MEDICAL AND DENTAL CARE]
[Subpart B - Medical and Dental Care From Nonnaval Sources]
[Sec. 732.11 - Definitions.]
[From the U.S. Government Printing Office]


32NATIONAL DEFENSE52002-07-012002-07-01false732.11Sec. 732.11NATIONAL DEFENSEDepartment of Defense (Continued)DEPARTMENT OF THE NAVYPERSONNELNONNAVAL MEDICAL AND DENTAL CAREMedical and Dental Care From Nonnaval Sources
Sec. 732.11  Definitions.

    Unless otherwise qualified in this part the following terms when 
used throughout are defined as follows:
    (a) Active duty. Full-time duty in the active military service of 
the United States. Includes full-time training duty; annual training 
duty; and attendance, while in the active military service, at a school 
designated as a service school by law or by the Secretary of the 
military department concerned.
    (b) Active duty for training. A specified tour of active duty for 
Reserves for training under orders that provides for automatic reversion 
to non-active duty status when the specified period of active duty is 
completed. It includes annual training, special tours, and the initial 
tour performed by enlistees without prior military service. The period 
of duty includes travel to and from training duty, not in excess of the 
allowable constructive travel time prescribed by SECNAVINST 1770.3 and 
paragraphs 10242 and 10243 of DOD Military Pay and Allowances 
Entitlements Manual.
    (c) Constructive return. For purposes of medical and dental care, an 
unathorized absentee's return to military control may be accomplished 
through notification of appropriate military authorities as outlined 
below.
    (1) For members in an unauthorized absentee (UA) status, 
constructive return to military control for the purpose of providing 
medical or dental care at Navy expense is effected when one of the 
following has occurred:
    (i) A naval activity informs a civilian provider of medical or 
dental care that

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the Navy accepts responsibility for a naval member's care. The naval 
activity providing this information must also provide documentation of 
such notification to the appropriate adjudication authority in 
Sec. 732.20.
    (ii) A member has been apprehended by civil authorities at the 
specific request of naval authorities and naval authorities have been 
notified that the member can be released to military custody.
    (iii) A naval member has been arrested, while in a UA status, by 
civil authorities for a civil offense and a naval authority has been 
notified that the member can be released to military control.
    (2) When a naval member has been arrested by civil authorities for a 
civil offense while in a UA status and the offense does not allow 
release to military control, constructive return is not accomplished. 
The individual is responsible for medical and dental care received prior 
to arrest and the incarcerating jurisdiction is responsible for care 
required after arrest.
    (d) Designated Uniformed Services Treatment Facilities (Designated 
USTFs). Under Pub. L. 97-99, the following facilities are ``designated 
USTFs'' for the purpose of rendering medical and dental care to all 
categories of individuals entitled to care under this part.
    (1) Sisters of Charity of the Incarnate Word Health Care System, 
6400 Lawndale, Houston, TX 77058 (713) 928-2931 operates the following 
facilities:
    (i) St. John Hospital, 2050 Space Park Drive, Nassau Bay, TX 77058, 
telephone (713) 333-5503. Inpatient and outpatient services.
    (ii) St. Mary's Hospital Outpatient Clinic, 404 St Mary's Boulevard, 
Galveston, TX 77550, telephone (409) 763-5301. Outpatient services only.
    (iii) St. Joseph Hospital Ambulatory Care Center, 1919 La Branch, 
Houston, TX 77002, telephone (713) 757-1000. Outpatient services only.
    (iv) St Mary's Hospital Ambulatory Care Center, 3600 Gates 
Boulevard, Port Arthur, TX 77640 (409) 985-7431. Outpatient services 
only.
    (2) Inpatient and outpatient services. (i) Wyman Park Health System, 
Inc., 3100 Wyman Park Drive, Baltimore, MD 21211, telephone (301) 338-
3693.
    (ii) Alston-Brighton Aid and Health Group, Inc., Brighton Marine 
Public Health Center, 77 Warren Street, Boston, MA 02135, telephone 
(617) 782-3400.
    (iii) Bayley Seton Hospital, Bay Street and Vanderbilt Avenue, 
Staten Island, NY 10304, telephone (718) 390-5547 or 6007.
    (iv) Pacific Medical Center, 1200 12th Avenue South, Seattle, WA 
98144, telephone (206) 326-4100.
    (3) Outpatient services only. (i) Coastal Health Service, 331 
Veranda Street, Portland, ME 04103 (207) 774-5805.
    (ii) Lutheran Medical Center, Downtown Health Care Services, 1313 
Superior Avenue, Cleveland, OH 44113, telephone (216) 363-2065.
    (e) Duty status. The situation of the claimant when maternity, 
medical, or dental care is received. Members, including reservists, on 
leave or liberty are considered in a duty status. Reservists, performing 
active duty for training or inactive duty training, are also considered 
in a duty status during their allowable constructive travel time to and 
from training.
    (f) Emergency care. Medical treatment of severe life threatening or 
potentially disabling conditions which result from accident or illness 
of sudden onset and necessitates immediate intervention to prevent undue 
pain and suffering or loss of life, limb, or eyesight and dental 
treatment of painful or acute conditions.
    (g) Federal facilities. Navy, Army, Air Force, Coast Guard, Veterans 
Administration, and USTFs (former U.S. Public Health Service facilities 
listed in Sec. 732.11(d).
    (h) Inactive duty training. Duty prescribed for Reserves by the 
Secretary of the Navy under Section 206 of Title 37, United States Code, 
or any other provision of law. Also includes special additional duties 
authorized for Reserves by an authority designated by the Secretary of 
the Navy and performed by Reserves on a voluntary basis in connection 
with the prescribed training or maintenance activities of units to which 
they are assigned.
    (i) Maternity emergency. A condition commencing or exacerbating 
during pregnancy when delay caused by referral to a uniformed services 
medical

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treatment facility (USMTF) or designated USTF would jeopardize the 
welfare of the mother or unborn child.
    (j) Member. United States Navy and Marine Corps personnel, 
Department of National Defence of Canada Navy and Marine Corps 
personnel, and Navy and Marine Corps personnel of other NATO Nations 
meeting the requirements for care under this part.
    (k) Non-federal care. Maternity, medical, or dental care furnished 
by civilian sources (includes State, local, and foreign MTFs).
    (l) Nonnaval care. Maternity, medical, or dental care provided by 
other than Navy MTFs. Includes care in other USMTFs, designated USTFs, 
VA facilities, as well as from civilian sources.
    (m) Office of Medical Affairs (OMA) or Office of Dental Affairs 
(ODA). Designated offices, under program management control of 
COMNAVMEDCOM and direct control of regional medical commands, 
responsible for administrative requirements delineated in this part. 
Responsibilities and functional tasks of OMAs and ODAs are outlined in 
NAVMEDCOMINST 6010.3.
    (n) Prior approval. Permission granted for a specific episode of 
necessary but nonemergent maternity, medical, or dental care.
    (o) Reservist. A member of the Naval or Marine Corps Reserve.
    (p) Supplemental care--(1) Operation and maintenance funds, Navy. 
Supplemental care of all uniformed services members, at Navy expense, 
encompasses only inpatient or outpatient care augmenting the capability 
of a naval MTF treating a member. Such care is usually obtained from 
civilian sources through referral by the treating naval MTF. If a 
member, authorized care under this part, is admitted to or is being 
treated on an outpatient basis at any USMTF, all supplemental care is 
the financial responsibility of that facility regardless of whether the 
facility is organized or authorized to provide needed health care. The 
cost of such care is chargeable to operation and maintenance funds 
(OM&N) available for operation of the USMTF requesting the care 
regardless of service affiliation of the member (see part 728 of this 
chapter for such care under Navy Medical Department facilities).
    (2) Nonnaval medical and dental care program funds. Adjudication 
authorities will pay claims, under this part, for care received as a 
result of a referral when:
    (i) A United States Navy or Marine Corps member or a Canadian Navy 
or Marine Corps member requires care beyond the capability of the 
referring USMTF and care is obtained for such a member not admitted to 
or not being treated on an outpatient basis by a USMTF, and
    (ii) The referring USMTF is not organized nor authorized to provide 
the needed health care.
    (3) Other uniformed services supplemental care programs. In addition 
to services that augment other USMTF's capabilities, supplemental care 
programs of the other uniformed services include care and services 
comparable to those authorized by this part, e.g., emergency care and 
pre-approved nonemergency care.
    (q) Unauthorized absence. Absence or departure without authority 
from a member's command or assigned place of duty.
    (r) Uniformed Services Medical Treatment Facilities (USMTF). Health 
care facilities of the Navy, Army, Air Force, Coast Guard, and the 
former U.S. Public Health Service facilities listed in paragraph (d) of 
this section designated as USTFs per DOD and Department of Health and 
Human Services directives.