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Prisoners of war and similar per

part 1-Adjuncts to Medical Care
Adjuncts to medical care.
Policy.

chart of adjuncts to medical care.

J-Charges, Collections, and Reports Charges and collections. Rates.

Table of pay patients, charges, and etions.

RITY: Secs. 5031, 6011, 70A Stat. as amended, sec. 301, 80 Stat. 379; 5 1, 10 U.S.C. 5031, 6011. Interpret or S. 4807, sec. 4, 57 Stat. 81, secs. 48, 6201-6203, 70A Stat. 319, 383, 1071-1085, 72 Stat. 1445-1450, as 10 U.S.C. 1071-1085, 5537, 6148, T3, 24 U.S.C. 15, 34.

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26 FR 12661, Dec. 29, 1961, unless e noted.

Subpart A-General

Mission of naval medical facilities. primary mission of naval mediilities is to provide adequate nice ac care for members of the Navy rine Corps on active duty and mbers of the other uniformed on active duty, who may be jured, or disabled. In addition, medical facilities may provide tial an judge care to members not on active

the uniformed services and to ther persons as authorized by S. Navy Regulations, and Dent of Defense and/or Departassistan the Navy directives. These autions also provide that naval facilities may sometimes be pon to furnish medical care to and to other persons not othentitled to medical care pursuthe laws of humanity or princiobject international courtesy.

sistance General restrictions.

[42 F To interference with primary

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(a

the

the

Medical care of persons other tive duty members of the uniservices may not be permitted fere with the primary mission Medical Department. This misnsists of a responsibility im

posed on the Surgeon General an Medical Department to maintain to restore the health of membe the Navy and Marine Corps on duty and members of the other formed services for whom medical is provided.

(b) Determination by cogn medical authority. The cogn medical authority of the naval me facility has the responsibility and thority over the extent to which facility can provide care for per other than members of the unifor services on active duty. A determ tion by the cognizant medical aut] ty of the naval medical facility, o designee, as to the availability of s and facilities and to the capabilitie the medical staff shall be conclusiv

(c) Availability. Persons other t members of the uniformed service active duty and retired mem placed on the temporary disability tired list who require hospitaliza in connection with periodic phys examinations may be provided med care, subject to the availability space and facilities and to the capa ties of the medical staff.

(d) Identification. Persons requ ing medical care shall furnish the nizant medical authority with satis tory identification to prove their el bility for medical care, or a written thorization when prescribed.

(e) Ambulance service. Ambula service may be provided when sou medical judgment indicates the nec sity therefor. Such use of ambulan shall be subordinate to local needs the naval medical facility in support the primary mission to care for act duty members of the uniformed se ices.

§ 728.3 Definitions.

For the purpose of this part, the f lowing definitions apply:

(a) Medical care. The term medic care embraces outpatient and inp tient professional care and treatmen nursing care, diagnostic tests and pr cedures, physical examinations, imm nizations, prophylactic treatment medicines, biologicals, other simila medical services, and ambulance ser ice. Prosthesis, hearing aids, specta

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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.

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 Department 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 im

posed 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.

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cles, 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-[Reserved]

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

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