Sec.

728.78 Prisoners of war and similar per

sons.

Subpart I—Adjuncts to Medical Care

728.81 Adjuncts to medical care. 728.82 Policy.

728.83 Chart of adjuncts to medical care.

Subpart J-Charges, Collections, and Reports 728.91 Charges and collections. 728.92 Rates. 728.93 Reports.

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.

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.

§ 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, specta

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

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 or the Marine Corps Reserve is not entitled to medical care either before or after the training period for an injury or disease not incurred in the line of duty. Charges for care for such an injury rendered after expiration of the training period shall be at the general reimbursement rate and shall be collected from the member locally.

(g) Review cases. A member of the Naval Reserve or the Marine Corps Reserve who has been released to inactive duty and whose case is being reviewed by the Naval Physical Disability Review Board may be admitted to a naval hospital for diagnosis upon request of the senior member or the president of the Board.

(h) Nonnaval medical care. Part 732 deals with eligibility of members of Navy and Marine Corps reserve components to medical care at other than naval medical facilities.

(i) Charges and collections. Officers in a pay status shall be charged the value of a hospital ration or subsistence, and the amount collected locally. For members not entitled to hospitalization at Government expense, the general rate shall be charged and collected locally. Reimbursement to BUMED managed activities for the average cost of ration furnished to enlisted men 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 NAVCOMPT Manual.

[26 FR 12661, Dec. 29, 1961, as amended at 28 FR 7749, July 31, 1963]

§ 728.23 Members of the Army and Air Force Reserve components.

(a) Authority. Members of the reserve components of the Army and Air Force are entitled to medical benefits for injuries or disease incurred in line of duty under provisions of 10 U.S.C. 3721-3722 and 8721-8722.

(b) On active duty for training. Members of the Army and Air Force Reserve and the National Guard are entitled to the same medical care as members of the Regular components when they are injured or incur disease in line of duty while on active duty for training. They may be provided necessary hospitalization, rehospitalization, and medical and surgical care appropriate for the treatment of the injury or disease until the resulting disability cannot be materially improved. Transportation incident to hospitalization is also authorized. (Medical care is authorized for injury or disease contracted while en route to and from active duty for training.)

(c) On inactive duty for training. Members of the Army and Air Force Reserve and the National Guard injured in line of duty while on inactive duty training, such as training assemblies or flights in Government owned aircraft under proper authority and incident to training, are entitled to medical care for such injury until the resulting disability cannot be materially improved. Medical care is not authorized for injuries incurred while en route to or from inactive duty training or for disease contracted while on, or en route to or from inactive duty training.

(d) Injuries or disease incurred not in line of duty. Members of the Army and Air Force Reserve and the National Guard are not entitled to medical care beyond the training period for injuries or disease incurred not in line of duty. Charges for care rendered after expiration of the training period shall be at the general reimbursement rate and shall be collected from the individual locally. The patient shall be notified of change of status prior to termination of the training period.

(1) Doubtful line of duty cases. In doubtful line of duty cases, the commanding officer shall immediately request a line of duty status determination before the end of the training period. Should a recommended in-lineof-duty determination be made at the local level, medical care may be furnished after date of expiration of active duty. If this recommended inline-of-duty determination should be reversed by the final approval authori

ty, the individual concerned may be furnished care without charge (except for subsistence in the case of officers in a pay status) from the date of expiration of active duty to the date of notification to the individual of the final line of duty determination. Medical care received subsequent to the individual's notification is not authorized and the charges therefor shall be collected locally.

(e) Admission. Except in emergencies, a written authorization from the appropriate commander shall be required before the admission to naval medical facilities of members of the Army and Air Force Reserve and the National Guard who are serving on active duty for training or inactive duty training. In an emergency admission, appropriate authorization shall be obtained as soon as possible. The authorization shall include the full name, service number, grade, and organization of the patient; the type and period of duty in which engaged; diagnosis (if known); and include a statement that the disability was or was not incurred in the line of duty, and that the patient is, or is not, entitled to medical care.

(f) Hospitalization beyond training period. Members of the Army and Air Force Reserve and National Guard shall be transferred to an Army or Air Force medical facility, as appropriate, when it is determined that they will need hospitalization after their training duty period ends. The transfer should be made as soon as the patient's condition permits.

(g) Charges and collections. Officers in a pay status shall be charged the value of a hospital ration or subsistence, and the amount collected locally. For all other categories, no charges shall be collected locally. For members not entitled to hospitalization at Government expense, the general rate shall be charged and collected locally.

§ 728.24 Members of the Coast Guard Reserve component.

(a) Authority. 14 U.S.C. 755(c) provides that members of the Coast Guard Reserve who suffer sickness, disease, or injury are entitled to the benefits as prescribed for members of the Naval Reserve who suffer sickness,

disease, or injury under similar conditions. Accordingly, medical care as authorized in § 728.22 will be applicable in case of members of the Coast Guard Reserve.

Admission.

(b) Members of the Coast Guard Reserve may be admitted to naval medical facilities upon written authorization of an appropriate Coast Guard authority or Public Health Service medical officer in the same manner as members of the Regular Coast Guard.

(c) Charges and collections. Officers in a pay status shall be charged the value of a hospital ration or subsistence, and the amount shall be collected locally. For all other categories of Coast Guard Reserve patients, no charges shall be collected locally. For members not entitled to hospitalization at Government expense, the general rate shall be charged and collected locally.

§ 728.25 Members of the Reserve Officers Training Corps (ROTC).

(a) Authority. Pursuant to the provisions of 10 U.S.C. 4385, 6901, and 9385, members of the Reserve Officers Training Corps of the Army, Navy, and Air Force are entitled to medical care as indicated in this section.

(b) Scope of care authorized. Hospitalization, medical and surgical care, and necessary transportation incident to that hospitalization, medical or surgical care, are authorized for members of the ROTC who:

(1) Suffer an injury while engaged in flight instruction.

(2) Suffer an injury or disease while attending a training camp or training cruise.

(3) Suffer an injury while performing authorized travel to or from a training camp or training cruise.

(c) Members of Army and Air Force ROTC. Hospitalization furnished mernbers of the ROTC of the Army or Air Force will be subject to reimbursement by the appropriate Department.

(d) Medical care beyond the training period. Medical care may not be provided members of the NROTC at Department of the Navy expense beyond the training period specified in orders.

(e) Beneficiary of Bureau of Employees' Compensation (5 U.S.C. 802). (1) Members of the ROTC who are injured in line of duty while engaged in training or travel described in paragraph (b) (1), (2), or (3) of this section, and who require medical care beyond the period of training specified in orders, will be reported to the Bureau of Employees' Compensation as potential beneficiaries of that Bureau.

(2) For the purpose of this section, members of the ROTC who contract a disease or illness which is the proximate result of the performance of training indicated in paragraph (b)(2) of this section shall be considered to have been injured in line of duty during that period.

(f) Forms required. When it is determined that an ROTC member who has been admitted to a medical facility for an injury, disease, or illness incurred in the line of duty requires care beyond period of attendance specified in his training orders, the commanding officer shall insure that a Form CA-16 (Request for Treatment of Injury Under the United States Employees' Compensation Act) or Form CA-17 (Request for Treatment of Injury Under the United States Employees' Compensation Act When Cause of Injury Is in Doubt), as appropriate, is submitted to the hospital by the patient's commanding officer. In such cases, the ROTC member shall be handled and reported as a beneficiary of the Bureau of Employees' Compensation.

(g) Care in not-in-line-of-duty cases. A member of the ROTC may be provided medical care in naval medical facilities, during the period while in attendance at training

course or

cruise, for an injury, disease, or illness contracted not in line of duty. Hospitalization after termination of the training period is not authorized at Government expense. The general reimbursement rate shall apply from the first day following the end of the training period and shall be collected locally from the patient. The patient shall be notified of change of status before termination of training period.

(h) Not applicable. The provisions of this section do not apply to members of the NROTC who hold an appoint

ment as a midshipman in the Naval Reserve (Regular students) (see

§ 728.26).

(i) While not performing training duty. Members of the ROTC are not authorized medical care at Government expense while in attendance at colleges, universities, or other institutions. However, they are authorized to receive physical examinations prior to reporting for active duty for training or when requested by proper authority, and immunizations prior to reporting for active duty for training.

(j) Charges and collections. When authorized at the expense of the member's military service, no charges or collections shall be made locally. Reimbursement to BUMED managed activities for the average cost of rations furnished naval members shall be accomplished in accordance with instructions contained in the Financial Management Handbook (NAVMED P5020). When authorized as a beneficiary of the Bureau of Employees' Compensation, charges at the interagency rate shall be made and collected by continental naval hospitals. Overseas naval hospitals shall make no charges or collections locally. For activities not under the management of BUMED, reimbursement shall be effected in accordance with instructions contained in NAVCOMPT Manual.

§ 728.26 Members of Navy and Marine Corps officer candidate programs.

Members of the Naval Reserve Officers Training Corps who are appointed midshipmen in the Naval Reserve (Regular students), members of the Reserve Officer Candidate Program, and the Platoon Leaders Class are entitled to the same medical care and hospital benefits as provided by law or regulation in case of members of the Navy and Marine Corps reserve components. Accordingly, provisions of § 728.22 shall apply for members of Navy and Marine Corps officer candidate programs.

§ 728.27 Navy and Marine Corps officer candidates; special physical examination.

Admission to naval medical facilities of candidates for, or individuals en