§ 1076. Medical and dental care for dependents: general rule
(a)
(1)
A dependent described in paragraph (2) is entitled, upon request, to the medical and dental care prescribed by section
1077 of this title in facilities of the uniformed services, subject to the availability of space and facilities and the capabilities of the medical and dental staff.
(2)
A dependent referred to in paragraph (1) is a dependent of a member of a uniformed service described in one of the following subparagraphs:
(B)
A member who died from an injury, illness, or disease incurred or aggravated—
(C)
A member who died from an injury, illness, or disease incurred or aggravated in the line of duty while the member remained overnight immediately before the commencement of inactive-duty training, or while the member remained overnight between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive-duty training.
(D)
A member on active duty who is entitled to benefits under subsection (e) of section
1074a of this title by reason of paragraph (1), (2), or (3) of subsection (a) of such section.
(b)
Under regulations to be prescribed jointly by the administering Secretaries, a dependent of a member or former member—
(1)
who is, or (if deceased) was at the time of his death, entitled to retired or retainer pay or equivalent pay; or
(2)
who died before attaining age 60 and at the time of his death would have been eligible for retired pay under chapter
1223 of this title (or under chapter
67 of this title as in effect before December 1, 1994) but for the fact that he was under 60 years of age;
may, upon request, be given the medical and dental care prescribed by section
1077 of this title in facilities of the uniformed services, subject to the availability of space and facilities and the capabilities of the medical and dental staff, except that a dependent of a member or former member described in paragraph (2) may not be given such medical or dental care until the date on which such member or former member would have attained age 60.
(c)
A determination by the medical or dental officer in charge, or the contract surgeon in charge, or his designee, as to the availability of space and facilities and to the capabilities of the medical and dental staff is conclusive. Care under this section may not be permitted to interfere with the primary mission of those facilities.
(d)
To utilize more effectively the medical and dental facilities of the uniformed services, the administering Secretaries shall prescribe joint regulations to assure that dependents entitled to medical or dental care under this section will not be denied equal opportunity for that care because the facility concerned is that of a uniformed service other than that of the member.
(e)
(1)
Subject to paragraph (3), the administering Secretary shall furnish an abused dependent of a former member of a uniformed service described in paragraph (4), during that period that the abused dependent is in receipt of transitional compensation under section
1059 of this title, with medical and dental care, including mental health services, in facilities of the uniformed services in accordance with the same eligibility and benefits as were applicable for that abused dependent during the period of active service of the former member.
(2)
Subject to paragraph (3), upon request of any dependent of a former member of a uniformed service punished for an abuse described in paragraph (4), the administering Secretary for such uniformed service may furnish medical care in facilities of the uniformed services to the dependent for the treatment of any adverse health condition resulting from such dependent’s knowledge of
(3)
Medical and dental care furnished to a dependent of a former member of the uniformed services in facilities of the uniformed services under paragraph (1) or (2)—
(4)
(A)
A former member of a uniformed service referred to in paragraph (1) is a member who—
(f)
(1)
The administering Secretaries shall furnish an eligible dependent a physical examination that is required by a school in connection with the enrollment of the dependent as a student in that school.
(2)
A dependent is eligible for a physical examination under paragraph (1) if the dependent—
(3)
Nothing in paragraph (2) may be construed to prohibit the furnishing of a school-required physical examination to any dependent who, except for not satisfying the age requirement under that paragraph, would otherwise be eligible for a physical examination required to be furnished under this subsection.