leged and protected under the attorney-client relationship. Each legal assistance office should therefore maintain only such files as are necessary for the proper operation of the office. (b) Office records. Each legal assistance office should maintain whatever records are necessary for the preparation of required reports. The Legal Assistance Case Record (NAVJAG 5801/ 9 (Rev. 5-71)) provides for the recording of the information required for the annual report, and the use of this form to record each individual legal assistance case is recommended.

Sec. 728.27 Navy and Marine Corps officer candidates; special physical examination. 728.28 Inactive reserve commissioned officers of the Public Health Service; physical examination.

Subpart D-Retired Members of the Uniformed Services

728.31 Authority.

728.32 Retired member of a uniformed service defined.

728.33 Scope of medical care authorized. 728.34 Application for medical care. 728.35 Members retired for physical disability.

728.36 Medications for retired members. 728.37 Charges and collections.

Subpart E-Dependents of Uniformed Services 728.41 General.

728.42 Medical care at naval medical facilities.

728.43 Medical services not otherwise provided.

728.44 Maternity cases.

728.45 Charges and collections.

Subpart F-Members of Foreign Military
Services and Their Dependents

728.51 Medical care authorized in the United States.

728.52 Members of foreign military services assigned to NATO and their dependents.

728.53 Members of Canadian armed forces other than NATO and their dependents. 728.54 Foreign Military Assistance Program trainees.

728.55 Members of other foreign military

services.

728.56 Dependents of members of foreign military services other than NATO and Canadian personnel.

728.57 Medical care authorized outside the United States.

Subpart G-Beneficiaries of Other Federal Agencies

728.61 Beneficiaries of the Veterans' Ad

ministration.

728.62 Beneficiaries of the Bureau of Employees' Compensation.

728.63 Beneficiaries of the Public Health Service, not members of the uniformed services.

728.64 Selective Service registrants and applicants for enlistment or reenlistment. 728.65 Beneficiaries of the U.S. Naval Home.

728.66 FBI Agents and claimants against the United States.

728.94 Table of pay patients, charges, and collections.

AUTHORITY: Secs. 5031, 6011, 70A Stat. 278, 375, as amended, sec. 301, 80 Stat. 379; 5 U.S.C. 301, 10 U.S.C. 5031, 6011. Interpret or apply R.S. 4807, sec. 4, 57 Stat. 81, secs. 5537, 6148, 6201-6203, 70A Stat. 319, 383, 387, secs. 1071-1085, 72 Stat. 1445-1450, as amended; 10 U.S.C. 1071-1085, 5537, 6148, 6201-6203, 24 U.S.C. 15, 34. Additional authority is cited in the sections affected.

SOURCE: 26 FR 12661, Dec. 29, 1961, unless otherwise noted.

Subpart A-General

§ 728.1 Mission of naval medical facilities.

The primary mission of naval medical facilities is to provide adequate medical care for members of the Navy and Marine Corps on active duty and for members of the other uniformed services on active duty, who may be sick, injured, or disabled. In addition, naval medical facilities may provide medical care to members not on active duty in the uniformed services and to such other persons as authorized by law, U.S. Navy Regulations, and Department of Defense and/or Depart

ment of the Navy directives. These authorizations also provide that naval medical facilities may sometimes be called upon to furnish medical care to civilians and to other persons not otherwise entitled to medical care pursuant to the laws of humanity or principles of international courtesy.

§ 728.2 General restrictions.

(a) No interference with primary mission. Medical care of persons other than active duty members of the uniformed services may not be permitted to interfere with the primary mission of the Medical Department. This mission consists of a responsibility imposed on the Surgeon General and the Medical Department to maintain and to restore the health of members of the Navy and Marine Corps on active duty and members of the other uniformed services for whom medical care is provided.

(b) Determination by cognizant medical authority. The cognizant medical authority of the naval medical facility has the responsibility and authority over the extent to which his facility can provide care for persons other than members of the uniformed services on active duty. A determination by the cognizant medical authority of the naval medical facility, or his designee, as to the availability of space and facilities and to the capabilities of the medical staff shall be conclusive.

(c) Availability. Persons other than members of the uniformed services on active duty and retired members placed on the temporary disability retired list who require hospitalization in connection with periodic physical examinations may be provided medical care, subject to the availability of space and facilities and to the capabilities of the medical staff.

(d) Identification. Persons requesting medical care shall furnish the cognizant medical authority with satisfactory identification to prove their eligibility for medical care, or a written authorization when prescribed.

(e) Ambulance service. Ambulance service may be provided when sound medical judgment indicates the necessity therefor. Such use of ambulances shall be subordinate to local needs of the naval medical facility in support of

the primary mission to care for active duty members of the uniformed services.

§ 728.3 Definitions.

For the purpose of this part, the following definitions apply:

(a) Medical care. The term medical care embraces outpatient and inpatient professional care and treatment, nursing care, diagnostic tests and procedures, physical examinations, immunizations, prophylactic treatments, medicines, biologicals, other similar medical services, and ambulance service. Prosthesis, hearing aids, spectacles, orthopedic footwear, and similar adjuncts to medical care may be furnished only where such adjuncts are authorized.

(b) Hospitalization. The term hospitalization includes inpatient care at naval hospitals, hospital ships, station hospitals, and dispensaries.

Subpart B-Members of the Uniformed Services on Active Duty

§ 728.11 Authority.

(a) Statute. 10 U.S.C. 1074(a) provides that under joint regulations to be prescribed by the Secretary of Defense and the Secretary of Health, Education and Welfare, a member of a uniformed service who is on active duty is entitled to medical care in any facility of any uniformed service.

(b) Joint regulations. Pursuant to the joint directive issued to implement the statute (see Part 70 of this title), members of the uniformed services on active duty are entitled to, and shall be provided medical care and adjuncts thereto. Under ordinary circumstances, such members will receive medical care at the medical facility of the uniformed service which serves the organization to which the member is assigned. A member who is away from his duty station, or is on duty where there is no medical facility of his own service available, may receive care at the nearest available medical facility of the uniformed services.

the Fleet Marine Corps Reserve, Reserve Officers Training Corps, the Navy and Marine Corps officer candidate programs, and retired members of the uniformed services, who are on active duty (including active duty for training) are entitled to the same medical care in any facility of the uniformed services as provided for active duty members of the regular services. Provisions for medical care for such members after separation from active duty and for members of the Reserve components on other types of duty are set forth in Subparts C and D of this part.

(a) Uniformed services. Uniformed services are the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the commissioned corps of the Public Health Service, and the commissioned corps of the Coast and Geodetic Survey, and their reserve components.

(b) Active duty. Active duty means full-time duty in the active uniformed service of the United States. It includes duty on the active list, 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.

§ 728.13 Members of the Navy and Marine Corps.

(a) Standard. Active duty members of the Navy and Marine Corps who may be sick or injured shall be provided the most careful professional attention and care consistent with the highest standards of modern medicine. Such care may include, but is not limited to, that medical care is defined by § 728.3(a). Adjuncts to medical care shall be furnished when required and authorized.

(b) Arrangements for required care. When an active duty member of the Navy or Marine Corps requires care beyond the capabilities of the naval medical facility, the commanding officer is authorized to arrange for the required care by:

(1) Transfer to the nearest medical facility of the uniformed services where the required care is available; or (2) Procurement from civilian sources of the necessary supplemental materials and professional and personal services required for the proper care and treatment of the patient in his facility. Costs for such materials and services are chargeable to the maintenance and operation allotment of the naval medical facility furnishing the

care.

(c) Extension. An enlisted member of the naval service on active duty whose term of enlistment expires while he is suffering from disease or injury incident to service and not due to his own misconduct, and who needs medical care or hospitalization, may be retained on active duty, with his consent, until he recovers to the extent that he is able to meet physical requirements for reenlistment or until it is determined that recovery to that extent is impossible (10 U.S.C. 5537).

§ 728.14 Members of the other uniformed services.

(a) Principle. Members of the other uniformed services on active duty are entitled to medical care and adjuncts thereto in naval medical facilities to the same extent as active duty members of the Navy and Marine Corps.

(b) Available facility. Under ordinary circumstances, these members will receive medical care at the medical facility of the uniformed service which serves the organization to which they are assigned. A member away from assigned duty station or on duty where there is no medical facility of his own service available may receive care at a naval medical facility if available.

(c) Request or application. The member may be provided medical care at naval medical facilities when requested by appropriate authority of the member's service, the Public Health Service medical officer in case of members under the Public Health Service cognizance, or by application of the member himself upon presentation of satisfactory identification.

(d) Referral. Referral of active duty members of the other uniformed services to a naval medical facility for ad

mission may be accomplished by letter, or by other appropriate means. Referral of active duty members of the Coast Guard for admission will ordinarily be effected by Form NCG 2522.

(e) Notification. When admitted without referral, or on member's application, the member's commanding officer, or if appropriate the nearest Public Health Service medical officer, shall be immediately notified with details as to date of admission, diagnosis, condition, prognosis, circumstances of injury if applicable, anticipated duration of hospitalization, notifications made to next of kin, and any other pertinent information. The method of notification (telephone, message, etc.) shall be determined by the urgency of the circumstances. At those medical facilities to which technical service units or liaison units are attached, notification to such units or officers will suffice.

§ 728.15 Charges and collections.

(a) Officers. All commissioned and warrant officers of the uniformed services (including naval aviation cadets) shall be charged the value of a hospital ration at a naval hospital or hospital ship. When subsisted in a general mess, they shall be charged subsistence at the rates specified in the Bureau of Supplies and Accounts Manual or Marine Corps directives. Collections shall be made locally from the individual officer except for the following: At naval hospitals and hospital ships, active duty Navy and Marine Corps officers shall pay for the charges through a payroll checkage instituted by the hospital command with actual collection being made at the Bureau level.

(b) All other members. No charges shall be collected locally from the other members of the uniformed services on active duty. Reimbursement to Bureau of Medicine and Surgery (BUMED) managed activities for the average cost of rations furnished to enlisted Navy and Marine Corps members shall be effected in accordance with instructions contained in the Financial Management Handbook (NAVMED P-5020). For activities not under the management of BUMED,

reimbursement shall be effected in accordance with instructions contained in the Navy Comptroller (NAV COMPT) Manual.

Subpart C-Members of the Reserve Components, Reserve Officers Training Corps, and Navy and Marine Corps Officer Candidate Programs

§ 728.21 Reserve components of the Armed Forces.

The reserve components are the Army National Guard of the United States, the Army Reserve, the Naval Reserve, the Marine Corps Reserve, the Air National Guard of the United States, the Air Force Reserve, and the Coast Guard Reserve (10 U.S.C. 261).

§ 728.22 Members of the Navy and Marine Corps reserve components, and the Fleet Reserve and Fleet Marine Corps Reserve.

(a) Authority. Under the provisions of 10 U.S.C. 6148, members of the Naval Reserve, the Fleet Reserve, the Marine Corps Reserve, and the Fleet Marine Corps Reserve are eligible for certain medical benefits for an injury or disease incurred in the line of duty.

(b) Injury incurred in line of duty. A member of the Naval Reserve, the Fleet Reserve, the Marine Corps Reserve, or the Fleet Marine Corps Reserve who is ordered to active duty (including active duty for training), or to perform inactive-duty training, for any period of time, and is disabled in line of duty from injury while so employed, is entitled to the same hospital benefits as are provided by law or regulation in the case of a member of the Regular Navy or the Regular Marine Corps. For the purpose of these benefits, a member who is not in a pay status shall be treated as though he were receiving the pay and allowances to which he would be entitled if serving on active duty.

(c) Disease incurred in line of duty while on active duty. A member of the Naval Reserve, the Fleet Reserve, the Marine Corps Reserve, or the Fleet Marine Corps Reserve who is ordered to active duty (including active duty for training) for a period of more than

30 days, and is disabled in line of duty from disease while so employed, is entitled to the same hospital benefits as are provided by law or regulation in the case of a member of the Regular Navy or the Regular Marine Corps.

Exception: A member of the Naval Reserve or the Marine Corps Reserve who is ordered to perform involuntary active duty for training under the provisions of 10 U.S.C. 270 is only eligible for the limited medical benefits described in paragraph (d) of this section, following termination of the training duty period.

(d) Illness or disease contracted in line of duty in peacetime. A member of the Naval Reserve or the Marine Corps Reserve who, in time of peace, becomes ill or contracts disease in line of duty while on active duty (including active duty for training) or performing inactive-duty training is entitled to receive medical, hospital, and other treatment appropriate for that illness or disease. The treatment shall be continued until the disability resulting from the illness or disease cannot be materially improved by further treatment. Such member is also entitled to necessary transportation and subsistence incident to treatment and return to his home upon discharge from treatment. The treatment may not extend beyond 10 weeks after the member is released from active duty, except:

(1) Upon an approved recommendation of a board of medical survey consisting of one or more officers in the Medical Corps, or

(2) upon authorization of the Surgeon General, based on the certificate of a reputable physician that the illness or disease is a continuation of the illness or disease for which the member was initially treated and that benefit will result from further treatment.

(e) En route to or from active duty. A member of the Naval Reserve or Marine Corps Reserve is authorized medical care for an injury or disease incurred while en route to or from active duty or active duty for training, but not while en route to or from inactive-duty training.

(f) Injury or disease not in line of duty. A member of the Naval Reserve

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