2 See § 728.92(f).

3 Outside the United States and at designated remote stations when considered medically appropriate by the attending physician. * Contact or special lenses are not to be issued solely for cosmetic reasons. Further guidelines are contained in BUMEDINST 6810.4G.

5 Initial issue will include, in addition to the hearing aid, one spare receiver cord, approximately 1 month's supply of batteries, and a statement indicating make, model, type of receiver, serial number, code, part numbers, "B" battery voltage, and type of "A" and "B" batteries, as appropriate. Replacement of hearing aids shall be upon the same basis as initial issue and, except in unusual circumstances, shall not be effected within 2 years of the initial furnishing or the last replacement of the appliance.

6

Spectacles, contact lenses, or intraocular lenses may be provided dependents with eye conditions which require these items for complete medical or surgical management of a condition other than ordinary refractive error. For further information, consult BUMEDINST 6810.4G.

7 May be loaned on a custody basis at the discretion of the attending physician.

8 See subpart of this part relating to specific beneficiary.

(a) Notice of Eligibility (NOE). While the NOE is basically a document that substantiates entitlement to a disability benefit equal to pay and allowances, it may be accepted when required to substantiate eligibility for benefits other than pay and allowances, i.e., treatment in USMTFS under the provisions of 10 U.S.C. 6148. (b) Physical Disability Benefits. The following, excerpted and paraphrased from SECNAVINST 1770.3 paragraph 10, is applicable when a reservist may be entitled to physical disability benefits.

(1) When a notice of eligibility (NOE) has been issued to a member hospitalized in a naval MTF and the attending physician is of the opinion that recovery is not anticipated or that the reservist is not expected to be fit for return to full duty within a reasonable period, a medical board shall be convened and the case shall be managed the same as that of a Regular member. A copy of the NOE shall accompany the medical board report forwarded to the Central Physical Evaluation Board. Disability benefits, equal to pay and allowances, shall continue in such cases until final disposition.

(2) There is no limited duty status, per se, for inactive reservists. However, if it is the opinion of the attending physician that a reservist is temporarily unfit for full duty, but will be fit for full duty following a period of convalescence or following duty with physical limitations, not to exceed 6 months, the physician may return the reservist to duty with a summary of the hospitalization or treatment. The summary shall set forth the limitations posed by the member's disability and the period of such limitations. Followup hospitalization, treatment, and evaluation for the same condition may be provided at USMTFs during the period of restricted duty, if required. If, during the period of the restricted duty, it appears that the reservist will be permanently unfit for

§ 724.806

mation cited by the applicar wise identified by membe NDRB), the decisional docu set forth the conflicting ev explain why the informa upon was more persuasive formation that was rejec presumption of regularity the basis for rejecting su tion, the decisional docum plain why the contradict was insufficient to overc sumption. In an appropr explanation as to why th ry evidence was insuffic come the presumption may consist of a stater applicant failed to pro corroborating evidence NDRB did not find the timony to be sufficier overcome the presump

(iii) If the NDRB di position of the applica propriety, the follow plies in addition to $724.806c(2) (a) and ( (A) The NDRB ma cant's position by disagrees with the I in the applicant's principles derived f the applicant in § 724.802b(4).

(B) The NDRB cant's position by principles set for issue (including from cases cited cordance with relevant to the : (C) The NDR cant's position plicant's issue matter upon a change in e ing an expla When the ar issue is to be with one issues, the such specif (D) The cant's pos other spe clude gr whether applican

AnGenerd

medics and

mer and setpatient

for active Nert Atatic

NATC tions.

1 Arrange for appropriate care in other than naval facilities for authormed members under their jurisdiction.

2 Assist in those instances when authorized personnel obtain civilian medical or dental care for themselves and seek reimbursement from the Navy.

3 Authorize payment directly to providers of care when payment has not been made by the member or by someone acting on behalf of the member.

4: Assist active duty Navy and ebone by Marine Corps maternity patients in

obtaining care in civilian facilities when appropriate, and arranging for payment of charges for the member are upland the routine care of the newborn in accordance with the Assistant Secre tary of Defense for Health Affairs memo of 16 May 1979, Inpatient rou tine newborn care: Active duty female maternity episode, and Assistant Sec retary of Defense for Health Affairs memo of 18 July 1979, Active duty female maternity episode.

toutustient medios and dental care of US Navy and Marine Corps person who incur de or try while an active duty

er an entitled to care under the provisions of the part for cand tom occuring during active duty for trabong and mactive duty training cr ncluding trave to and from

(b) Subpart B also delineates areas over which geographic naval medical commends have responsibilities for administration of nonnaval medical and dental care program functions. Program management is vested in the Commander, Naval Medical Command, Washington, DC (MEDCOM333),

(c) The Assistant Secretary of De jense (Comptroller) memo of 1 March 1981, Reimbursement for fr tient medical care provided fo military and diplomatic person their dependents in military ho in the United States, outlines t visions of Pub. L. 96-527. Thi provides that inpatient care of military members in the Unite shall not be rendered at the of the United States Governm cordingly, only the cost of o care shall be paid under the of this part for active duty NATO nations who are sta passing through the Un connection with their

made aware of the contents of this part. Failure to comply with the prescribed requirements could result in the Navy's denial of financial responsibility for the expenses of medical or dental care obtained.

Subpart B-Medical and Dental Care From Nonnaval Sources

§ 732.11 Definitions.

Unless otherwise qualified herein, the following terms when used throughout this part are defined as follows:

(a) Active duty. Full-time duty in the active military service of the United States. This 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.

(b) Active duty for training. A period of duty performed in the active military service by a member of a reserve component under orders by competent authority for a specified period which provides for automatic reversion to inactive duty when the specified period of active duty is completed. Includes not only the period of time from reporting to the time of release but also the time of travel to and from the duty station, not in excess of the allowable constructive travel time (see SECNAVINST 1770.3 and DOD Military Pay and Allowances Entitlements Manual (DODPM) paragraphs 10242 and 10243).

(c) Constructive return. For purposes of medical and dental care, return of an unauthorized absentee to military control may be accomplished through notification of appropriate military authorities (§ 732.13(e) amplifies).

(d) Designated Uniformed Services Treatment Facilities (Designated USTFS). In accordance with Pub. L. 97-99, the following former U.S. Public Health Service (USPHS) facilities are now "designated USTFs" for the purpose of rendering medical and dental care to all categories of individuals entitled to care under the provisions of this part.

(1) Hospitals. (i) Wyman Park Health Systems, 3100 Wyman Park Drive, Baltimore, MD 21211, Telephone (301) 338-3000.

(ii) Allston-Brighton Aid and Health Group, 77 Warren Street, Boston, MA 02135, Telephone (617) 782-3400.

(iii) Hospital of St. John, 2050 Space Park Drive, Nassau Bay, TX 77058, Telephone (713) 757-7430.

(iv) Seattle Public Health Hospital, 1131 14th Avenue South, Seattle, WA 98144, Telephone (206) 324-7650.

(v) Bayley Seton Hospital, Bay Street and Vanderbilt Avenue, Staten Island, NY 10304, Telephone (212) 447-3010.

(2) Clinics. (i) Coastal Health Service, 331 Veranda Street, Portland, ME 04103, Telephone (207) 780-3210.

(ii) Lutheran Medical Center, Downtown Health Care Services, New Post Office Bldg., W. 3rd Street and Prospect Avenue, Cleveland, OH 44113, Telephone (216) 522-4524.

(iii) St. Mary's Hospital, 440 Avenue North, Galveston, TX 77550, Telephone (713) 757-7430.

(iv) St. Joseph Ambulatory Care Center, 204 U.S. Customs Bldg., 701 San Jacinto Street, Houston, TX 77002, Telephone (713) 757-7430.

(v) Family Practice Center, Port Arthur, TX 77640, Telephone (713) 757-7430.

(e) Duty status. The performance category of the claimant at the time medical or dental care is received, either active duty or nonactive duty. Members, including reservists, on leave or liberty are considered in a duty status. Reservists, when performing active duty for training or inactive duty for training, are considered in a duty status, including their allowable constructive travel time to and from training.

(f) Emergency. A situation where the need or apparent need for medical or dental attention is such that time does not permit obtaining prior approval for civilian medical care.

(g) Inactive duty training (Drill). InIcludes that period between muster, dismissal, and allowable constructive travel time to and from such drills (see DODPM paragraphs 10242 and 10243). (h) Maternity emergency. A condicommencing or exacerbating

tion

93-114 0-87--12

during pregnancy in a manner such that a delay caused by referral to a USMTF or designated USTF would jeopardize the welfare of the mother or her unborn child.

(i) Medical management. When an active duty member presents for treatment at a naval MTF, that patient is considered under the medical management of a naval physician when a naval physician exercises primary and continuing decision authority regarding diagnosis and treatment, regardless of whether the patient is actually treated by that physician.

(j) Non-Federal care. Medical or dental care provided by civilian sources (includes State, local, and foreign MTFs).

(k) Nonnaval care. Medical or dental care provided by other than naval MTFs. Includes care in other USMTFS, VA facilities, as well as from civilian sources.

(1) Office of Medical Affairs (OMA) or Office of Dental Affairs (ODA). Designated offices, under the program management control of COMNAVMEDCOM (MEDCOM-333) and the direct control of regional medical commands, responsible for the continued administration of the requirements of this part.

(m) Prior approval. Permission granted to an individual for a specific episode of necessary but nonemergent maternity, medical, or dental care.

(n) Reservist. A member of the Naval or Marine Corps Reserve.

(0) Supplemental care. When an active duty member is under the medical management (see § 732.11(i)) of a naval MTF physician and required care is not available at that facility, any additional materials or professional and personal services ordered by qualified naval MTF providers and obtained for the care of that patient are supplemental. This includes necessary referrals to civilian sources. Costs are chargeable to the operation and maintenance funds available for operation of the facility requesting care or services. For the exception to this policy, see § 732.18(c)(4).

(p) Unauthorized absence. Absence without authority from a member's command or departure without au

thority from the assigned place of duty.

(q) Uniformed Services Medical Treatment Facilities (USMTF). Health care facilities of the Army, Air Force, Coast Guard, Navy, and the former U.S. Public Health Service facilities listed in § 732.11(d) that have been designated as USTFS in accordance with DOD and Department of Health and Human Services directives.

§ 732.12 Program management.

(a) In the 48 Contiguous United States and Alaska. Under program management control of COMNAVMEDCOM (MEDCOM-333) and direct control of regional medical commands, OMAS and the ODA listed in § 732.18(f)(1) shall:

(1) Exercise coordination over this program within their areas of responsibility including:

(i) Granting or denying approval for the procurement of nonemergency care from civilian sources.

(ii) Adjudicating medical and dental care claims.

(iii) Notifying COMNAVMEDCOM (MEDCOM-333, Autovon 294-1127 or Commercial 202-653-1127) in a situational report (MED 6320-30) when it appears that an episode of non-Federal care will extend beyond 15 days or will cost more than $25,000. Before calling, be prepared to furnish the following concerning the patient:

(A) Name, grade or rate, and social security number.

(B) Name of non-Federal medical facility rendering treatment.

(C) Date admitted.

(D) Reason patient cannot be or has not been moved to a Federal facility. (E) Expected duration of non-Federal treatment.

(F) Expected total cost of non-Federal care.

(iv) Determining the need for medical boards subsequent to completion of nonnaval medical care and notifying COMNAVMEDCOM (MEDCOM-25),

via the regional medical command, of the determination (see § 732.19 for further amplification).

(v) Issuing letters, upon written request, to recruiting offices far removed from USMTFs and designated USTF'S