The purpose of this part is to provide the Military Departments with policy guidance for both active and reserve recruiting elements in dealing with secondary school authorities. § 63.2 Policy. (a) Students in secondary schools will be encouraged by recruiters to stay in school and graduate. (b) Students enrolled in secondary schools will not be accepted for active duty enlistment without prior notice to the school and without parents' consent. (c) When desired by local school authorities, joint arrangements with school authorities for in-school student time will be made by one representative selected by the military recruiting elements of the Military Departments in each community. (d) Secondary schools are to be encouraged and given every assistance in teaching the vocational-career opportunities of the Armed Forces at the same time other occupational opportunities are taught in schools. (e) All contacts with school authorities soliciting their cooperation on military career programs will be jointly arranged by the recruiting services to the greatest practical extent. (f) The National Guard, Air National Guard and Coast Guard, as appropriate, will be encouraged to participate in this secondary school program. PART 66-RELEASE OF INFORMATION FROM MEDICAL RECORDS Sec. members and former members of the Armed Forces by those bureaus and offices designated by the Secretaries of the Army, Navy and Air Force, to the individuals and agencies named in this part. Those bureaus and offices will determine the extent of and the form in which medical information will be furnished. The information will be treated as confidential. Only that information will be furnished which is necessary to the accomplishment of the legitimate purpose for which the information is required. medical records may be released. AUTHORITY: The provisions of this Part 66 issued under sec. 202, 61 Stat. 500, as amended; 5 U.S.C. 171a. § 66.1 General. This policy governs the release of information from the medical records of [25 F.R. 14360, Dec. 31, 1960] § 66.2 Individuals and agencies to whom medical records may be released. (a) Department of the Treasury. (c) Department of Justice. (f) Department of Commerce (Coast and Geodetic Survey). (g) Department of Labor (Bureau of Employees' Compensation). (h) Department of the Air Force. (i) Department of State and Central Intelligence Agency (for use in considering prospective employees). (j) Civil Service Commission (to consider claims under section 2, Act of June 27, 1944, Chapter 287, as amended (5 U.S.C. 851)). In addition, for personnel security investigations conducted under pertinent acts and Executive Orders, accredited agents of the Civil Service Commission may have access, for review purposes, to material designated as records of medical treatment included in official personnel folders of former civilian or military personnel of the military departments, subject to the following conditions: 43 (1) Access to these records shall be only for investigations required by law or Executive order, or pursuant to special agreement between the Civil Service Commission and the Military Department concerned. in the (2) Information contained medical treatment records shall be considered confidential in nature and will be used only as a basis for determining security risk. (3) Such medical information or any other information which may be contained in any reports or other communications contained therein from any agency or source other than the Department of Defense may not be extracted or otherwise used without the prior permission of the originating agency. (4) Except for the restrictions set forth in subparagraph (3) of this paragraph, the information extracted under the policies set forth herein may be furnished to the employing agency to be used only as a basis for determining security risk. (k) Department of Health, Education, and Welfare (Public Health Service). (1) Selective Service. (m) Veterans' Administration. (n) Social Security Administration. (0) National Aeronautics and Space Administration. (p) Federal Aviation Agency (for use in connection with airman certificates under section 602, Federal Aviation Act of 1958 (49 U.S.C. 1422)). (q) Duly accredited representatives of the National Academy of SciencesNational Research Council, when engaged in cooperative studies undertaken at the specific request or with the consent of the Surgeon General, U. S. Army; the Surgeon General, U. S. Navy; or the Surgeon General, U. S. Air Force. (r) Federal or State mental hospitals or penal institutions when the member or former member is a patient or inmate therein. (s) Registered civilian physicians, upon request of the individual or his legal representative, when required in connection with the treatment of the member or former member of the above services. (t) The member or former member upon request, except information contained in the medical record which would prove injurious to his physical or mental health. In the latter case the medical information may be furnished to the next of kin, upon request of the individual, or to his legal representative upon his furnishing a certified copy of the court order of appointment (see section 3, act of August 27, 1940 (54 Stat. 859), as amended (50 U. S. C. App. 403 (a)) and subsection 9 (a) Universal Military Training and Service Act (62 Stat. 614; 50 U. S. C. App. 459 (a)). (u) Directly to the next of kin or legal representative (upon submission by the latter of a certified copy of the court order of appointment), when the member or former member has been adjudged insane or is dead. Next of kin or legal representative will be required to furnish the releasing office with a copy of the court order adjudging the member or former member to be insane, or to furnish adequate proof of death of the member or former member in cases where proof of death is not on file in the office concerned. (v) A representative, other than a physician or legal representative, specifically authorized in writing by the individual whose records are involved, who is to perform a service for such individual. The next of kin may likewise authorize a representative, where the member or former member is insane or dead. The purpose for which the information is to be used and the nature of the service to be performed must be furnished. (w) Under procedures established by the Surgeon General of the service concerned, access to individual medical records may be granted to qualified individuals for the purposes of medical research and study. NOTE: Nothing in this part is intended to preclude the release of appropriate information concerning the current health and welfare of the individuals in the Armed Services, or vital statistical data, including proof of death, concerning such personnel, nor to preclude compliance with court orders calling for the production of medical records in connection with litigation or criminal prosecutions, nor to preclude release of information from medical records when required by law. [25 F.R. 14360, Dec. 31, 1960, as amended at 28 F.R. 11359, Oct. 24, 1963] 70.408 Charges for dependent medical care. 70.409 Transportation of patients. Subpart E-Medical Care in Civilian Facilities 70.501 Eligibility for civilian medical care and full payment concept. 70.502 Medical and hospital care authorized from civilian sources. 70.503 Terms of reference and rules for the provision of authorized medical care from civilian sources. 70.504 Medical care not authorized. 70.505 Admission of dependents for medical care to civilian sources. 70.506 Charges. 70.507 Administration. 70.508 Hospitalization beyond period of 365 days. 70.509 Government liability for payment of civilian medical care costs. 70.510 Administration of changes to this part effective 1 January 1960. Subpart F-Medical Care in Medical Facilities Not Otherwise Provided for 70.601 Medical care in medical facilities not otherwise provided for. Subpart G-Medical Care for Members of the Uniformed Services 70.701 Medical care for members of the uniformed services. Subpart H-Medical Care for Retired Members of the Uniformed Services 70.801 Retired members eligible for care. 70.802 Ration allowance for retired enlisted members. 70.803 Charge for officers' subsistence. Subpart I—Budgeting and Accounting for Medical and Dental Care Furnished in Facilities of the Uniformed Services 70.901 Budgeting and accounting. Subpart J-Implementation 70.1001 Implementation. AUTHORITY: The provisions of this Part 70 issued under 10 U.S.C. 1071-1085. SOURCE: The provisions of this Part 70 appear at 27 F.R. 5591, June 13, 1962. Subpart A-General Information § 70.101 Purpose. The purpose of this part is to prescribe policy for administering Chapter 55, Title 10, United States Code. § 70.102 Scope. This part is applicable to the uniformed services. § 70.103 part. Definition of terms used in this (a) "Uniformed services" means the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Commissioned Corps of the Coast and Geodetic Survey, and the Commissioned Corps of the Public Health Service. (b) "Member of a uniformed service" means a person appointed, enlisted, inducted or called, ordered or conscripted in a uniformed service who is serving on active duty or active duty for training pursuant to a call or order that does not specify a period of thirty days or less. (c) "Retired member of a uniformed service" means a member or former member of a uniformed service who is entitled to retired, retirement, or retainer or equivalent pay as a result of service in a uniformed service, other than a member or former member entitled to retired or retirement pay under Title III of the Army and Air Force Vitalization and Retirement Equalization Act of 1948 who has served less than eight years on full-time duty in active military service other than active duty for training. (d) "Dependent" means any person who bears to a member or retired member of a uniformed service, or to a person who died while a member or retired member of a uniformed service, any of the following relationships: (1) The lawful wife; (2) The unremarried widow; (3) The lawful husband, if he is in fact dependent on the member or retired member for over one-half of his support; (4) The unremarried widower, if he was in fact dependent upon the member or retired member at the time of her death for over one-half of his support because of a mental or physical incapacity; (5) An unmarried legitimate child (including an adopted child or stepchild), if such child has not passed his twenty-first birthday; (6) A parent or parent-in-law, if the said parent or parent-in-law is, or was, at the time of the member's or retired member's death, in fact dependent on said member or retired member for over one-half of his support and is, or was, at the time of the member's or retired member's death, actually residing in the household of said member or retired member. For the purposes of this part, the requirement of actually residing in the household shall be fulfilled when the parent or parent-in-law actually resides, or was residing at the time of death of a member or retired member, in a dwelling place provided or maintained by said member or retired member; or (7) An unmarried legitimate child (including an adopted child or stepchild) who (i) has passed his twenty-first birthday if the child is incapable of selfsupport because of a mental or physical incapacity that existed prior to his reaching the age of twenty-one and is, or was at the time of the member's or retired member's death, in fact dependent on him for over one-half of his support, or (ii) has not passed his twentythird birthday and is enrolled in a fulltime course of study in an institution of higher learning as approved by the Secretary of Defense or Secretary of Health, Education, and Welfare and is, or was at the time of the member's or the retired member's death, in fact dependent on him for over one-half of his support. (e) "Dependents eligible for civilian medical care" means the lawful wife or the dependent lawful husband (spouses) and children who are dependents of members of the uniformed services. the (f) "Secretary of a uniformed service" means the Secretary of the Army, Navy (for the Navy and Marine Corps), or Air Force, or for the other uniformed services (Coast Guard, Public Health Service, Coast and Geodetic Survey), Secretary of Health, Education, and Welfare. The latter may delegate his duties and responsibilities in relation to dependent medical care to The Surgeon General of the Public Health Service. (g) "The United States” means all of the States and the District of Columbia. means the (h) "Executive agent" party who acts for the uniformed serv ices in negotiating and administering contracts for medical (physicians) and hospital services under the policy guidance of the Department of Defense. (i) "Contractor" means the legal entity with which the Government enters into a contract for the purpose of implementing Chapter 55, Title 10, United States Code, such as a State medical society, an insurance company, Blue Shield, or Blue Cross. (j) Miscellaneous medical and technical terminology: (1) Diagnosis. A determination of the existence and nature, or absence, of disease or injury by history with physical and mental findings, including physical examinations and the utilization of medically accepted diagnostic procedures, e.g., laboratory tests and pathology and X-ray examinations. (2) Outpatient care. The medical services which are normally performed in locations such as the home, a physician's office, or the outpatient department of a hospital, clinic, or dispensary. (3) Maternity and infant care. Medical and surgical care for the mother incident to pregnancy including prenatal care, delivery, postnatal care, including care of the infant, and treatment of complications of pregnancy. (4) Domiciliary care. Care which is normally given in a nursing home, convalescent home, or similar institution to a patient who requires personal care rather than active and definitive treatment in a hospital for an acute medical or surgical condition. It includes but is not limited to nursing care required as a result of old age or chronic disease. (5) Chronic disease. This term shall be construed to include nonacute conditions and disabilities in which the prognosis indicates long continued duration of the ailment. (6) Nervous and mental disorders. This term means those conditions classified as neuroses, psychoneuroses, psychopathies, or psychoses. (7) Dental care as a necessary adjunct to medical or surgical treatment. Dental care determined by the cognizant physician and dentist to be required for the proper treatment of a medical or surgical condition. Pros (8) Adjuncts to medical care. thetic devices such as artificial limbs, artificial eyes, hearing aids, orthopedic footwear, spectacles, and similar medical supports or aids. (9) Adjuncts to dental care. Removable or fixed prosthetic or fixed prosthodontic restorations and similar dental supports or aids. § 70.104 Administration. (a) The Secretary of Defense has jurisdiction over the Army, Navy, Air Force, Marine Corps, and the Coast Guard when operating as a service with the Navy. (b) The Secretary of Health, Education, and Welfare has jurisdiction over the Public Health Service and for medical care purposes over the Coast and Geodetic Survey, and the Coast Guard when not in service with the Navy. Subpart B-Determination of Eligibility and Identification of Dependents § 70.201 Determination of dependents' eligibility. (a) The uniformed services will require dependents (or their sponsors) who request medical care to furnish proof of their eligibility for such care. In order to develop uniformity in the criteria utilized by the uniformed services to determine dependents eligible for medical care, the uniformed services will utilize DD Form 1172, "Application for Uniformed Services Identification and Privilege Card". Modifications of DD Forms 1172 and 11731 may be made subJect to the approval of the Secretary of Defense. (1) Medicare eligibility date. Each DD Form 1173, "Uniformed Services Identification and Privilege Card", issued will show the date on which a dependent became eligible to receive civilian medical and hospital care at Government expense. This eligibility date will be determined in accordance with Department of Defense Instruction No. 1000.7, Subject: "Uniformed Services Identification and Privilege Card". (b) The Secretaries of the uniformed services and their designees are hereby authorized to make determinations of dependency for purposes of this part. § 70.202 Identification of dependents. (a) Upon an affirmative determination by the Secretary of a uniformed service or his designee that a dependent is eligible for medical care, such dependent will be issued a "Uniformed 1Filed as part of the original document. and Privilege The DD Form Services Identification (b) The administrative provisions governing the application for the DD Form 1173 and its issuance to dependents of members and dependents of retired members of the uniformed services and dependents of a person who died while a member or a retired member of a uniformed service, will be as prescribed by the Secretary of the uniformed service concerned. However, such regulations for active duty members with dependents will include but not be limited to provisions for the following: (1) Issuance. Application for, and issuance of, DD Form 1173 will be accomplished at the following times: (i) Upon entry on active duty for a period in excess of 30 days. (ii) Upon re-enlistment. (iii) Upon change in dependency status stated on current authorization card. (iv) Upon certification of loss. (v) Upon retirement or death. (2) Surrender. The DD Form 1173 shall be surrendered: (i) Whenever a new card is issued except to replace loss. (ii) Upon expiration date. (iii) Whenever the cardholder becomes ineligible. (iv) Upon death, retirement, or release of member to inactive duty. (3) Expiration date. The DD Form 1173 shall be effective for the contracted period of service of the sponsor upon whom the entitlement is based in the case of dependents of the uniformed services, or in the case of minors the twenty-first birthday if it occurs prior to the termination of the service of the sponsor, except that for entitlement to medical care, the provisions of § 70.103 (d) (7) will apply. The departments will insure that sponsors are directed to notify the appropriate authority immediately upon any change in status that would terminate or modify the right to any of the benefits for which the card may be used. (4) Dependents listed. Each dependent, ten years or over, entitled to medical care, will be issued DD Form 1173. Certification of minor dependents, under ten years of age, for eligibility for medcal care will be the responsibility of the |