32 CFR 728.21 - Navy and Marine Corps reservists.

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§ 728.21 Navy and Marine Corps reservists.
(a) Scope. This section applies to reservists, as those terms are defined in § 728.2, ordered to active duty for training or inactive duty training for 30 days or less. Reservists serving under orders specifying duty in excess of 30 days, such as Sea and Air Mariners (SAMS) while on initial active duty for training, will be provided care as members of the Regular service per subpart B.
(b) Entitlement. Per 10 U.S.C. 1074a(a), reservists who incur or aggravate an injury, illness, or disease in line of duty while on active duty for training or inactive duty training for a period of 30 days or less, including travel to and from that duty, are entitled to medical and dental care appropriate for the treatment of that injury, disease, or illness until the resulting disability cannot be materially improved by further hospitalization or treatment. Care is authorized for such an injury, illness, or disease beyond the period of training to the same extent as care is authorized for members of the Regular service (see subpart B) subject to the provisions of § 728.21(e).
(c) Questionable circumstances. If the circumstances are questionable, referral to the OMA or ODA is appropriate. If necessary, make referral to the Naval Medical Command (MEDCOM-33 for medical and MEDCOM-06 for dental) on determinations of entitlements.
(d) Line of duty. For the purpose of providing treatment under laws entitling reservists to care, an injury, illness, or disease which is incurred, aggravated, or becomes manifest while a reservist is employed in the performance of active duty for training or inactive duty training (including authorized leave, liberty and travel to and from either duty) will be considered to have been incurred in line of duty (LOD) unless the condition was incurred as a result of the reservist's own misconduct or under other circumstances enumerated in JAG Manual, chapter VIII. While the LOD investigation is being conducted, such reservists remain entitled to care. If the investigation determines that the injury or illness was not incurred in line of duty, the civilian humanitarian nonindigent rate is applicable if further care is required in naval MTFs. (See DOD Military Pay and Allowances Entitlement Manual for allowable constructive travel times.)
(e) Treatment and services authorized. In addition to those services delineated above, the following may be rendered under circumstances outlined:
(1) Prosthetic devices, including dental appliances, hearing aids, spectacles, and orthopedic appliances that are lost or have become damaged during training duty, not through negligence of the individual, may be repaired or replaced at Government expense.
(2) Reservists covered by this subpart may be provided the following only if approved by the appropriate OMA or ODA, or by the Commander, Naval Medical Command (MEDCOM-33 for medical and MEDCOM-06 for dental) prior to initiation of services.
(i) Treatment for acute exacerbations of conditions that existed prior to a reservist's period of training duty. Limit care to that necessary for the prevention of pain or undue suffering until the patient can reasonably return to control of the member's private physician or dentist.
(A) Remediable physical defects and remediable treatment for other conditions.
(B) Elective surgery.
(ii) All dental care other than emergency treatment and that necessary to correct an injury incurred in the line of duty.
(f) Authorization for care.
(1) Reservists covered by this subpart may be provided inpatient or outpatient care during a period of training duty without written authorization.
(2) Except in emergencies or when inpatient care initiated during a period of training duty extends beyond such period, reservists will be required to furnish written official authorization from their unit commanding officer, or higher authority, incident to receiving inpatient or outpatient care beyond the period of training duty. The letter of authorization will include name, grade or rate, social security number, and organization of the reservist; type of training duty being performed or that was being performed when the condition manifested; diagnosis (if known); and a statement that the condition was incurred in line of duty and that the reservist is entitled to care. If the reservist has been issued a notice of eligibility (NOE) (subpart I), the NOE may then be accepted in lieu of the letter of authorization. When authorization has not been obtained beforehand, care may be provided on a civilian humanitarian basis (see subpart G) pending final determination of eligibility.

Title 32 published on 2014-07-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
U.S. Code: Title 10 - ARMED FORCES

§ 1071 - Purpose of this chapter

§ 1072 - Definitions

§ 1073 - Administration of this chapter

§ 1073a - Contracts for health care: best value contracting

§ 1073b - Recurring reports

§ 1074 - Medical and dental care for members and certain former members

§ 1074a - Medical and dental care: members on duty other than active duty for a period of more than 30 days

§ 1074b - Medical and dental care: Academy cadets and midshipmen; members of, and designated applicants for membership in, Senior ROTC

§ 1074c - Medical care: authority to provide a wig

§ 1074d - Certain primary and preventive health care services

§ 1074e - Medical care: certain Reserves who served in Southwest Asia during the Persian Gulf Conflict

§ 1074f - Medical tracking system for members deployed overseas

§ 1074g - Pharmacy benefits program

§ 1074h - Medical and dental care: medal of honor recipients; dependents

§ 1074i - Reimbursement for certain travel expenses

§ 1074j - Sub-acute care program

§ 1074k - Long-term care insurance

10 U.S. Code § -

§ 1074m - Mental health assessments for members of the armed forces deployed in support of a contingency operation

§ 1075 - Repealed.

§ 1076 - Medical and dental care for dependents: general rule

§ 1076a - TRICARE dental program

§ 1076b - Repealed.

§ 1076c - Dental insurance plan: certain retirees and their surviving spouses and other dependents

§ 1076d - TRICARE program: TRICARE Standard coverage for members of the Selected Reserve

§ 1076e - TRICARE program: TRICARE Standard coverage for certain members of the Retired Reserve who are qualified for a non-regular retirement but are not yet age 60

§ 1077 - Medical care for dependents: authorized care in facilities of uniformed services

§ 1078 - Medical and dental care for dependents: charges

§ 1078a - Continued health benefits coverage

§ 1078b - Provision of food to certain members and dependents not receiving inpatient care in military medical treatment facilities

§ 1079 - Contracts for medical care for spouses and children: plans

§ 1079a - CHAMPUS: treatment of refunds and other amounts collected

§ 1079b - Procedures for charging fees for care provided to civilians; retention and use of fees collected

§ 1080 - Contracts for medical care for spouses and children: election of facilities

§ 1081 - Contracts for medical care for spouses and children: review and adjustment of payments

§ 1082 - Contracts for health care: advisory committees

§ 1083 - Contracts for medical care for spouses and children: additional hospitalization

§ 1084 - Determinations of dependency

§ 1085 - Medical and dental care from another executive department: reimbursement

§ 1086 - Contracts for health benefits for certain members, former members, and their dependents

§ 1086a - Certain former spouses: extension of period of eligibility for health benefits

§ 1086b - Prohibition against requiring retired members to receive health care solely through the Department of Defense

§ 1087 - Programing facilities for certain members, former members, and their dependents in construction projects of the uniformed services

§ 1088 - Air evacuation patients: furnished subsistence

§ 1089 - Defense of certain suits arising out of medical malpractice

§ 1090 - Identifying and treating drug and alcohol dependence

§ 1090a - Commanding officer and supervisor referrals of members for mental health evaluations

§ 1091 - Personal services contracts

§ 1092 - Studies and demonstration projects relating to delivery of health and medical care

§ 1092a - Persons entering the armed forces: baseline health data

§ 1093 - Performance of abortions: restrictions

§ 1094 - Licensure requirement for health-care professionals

§ 1094a - Continuing medical education requirements: system for monitoring physician compliance

§ 1095 - Health care services incurred on behalf of covered beneficiaries: collection from third-party payers

§ 1201 - Regulars and members on active duty for more than 30 days: retirement

§ 1202 - Regulars and members on active duty for more than 30 days: temporary disability retired list

§ 1203 - Regulars and members on active duty for more than 30 days: separation

§ 1204 - Members on active duty for 30 days or less or on inactive-duty training: retirement

§ 1205 - Members on active duty for 30 days or less: temporary disability retired list

§ 1206 - Members on active duty for 30 days or less or on inactive-duty training: separation

§ 1206a - Reserve component members unable to perform duties when ordered to active duty: disability system processing

§ 1207 - Disability from intentional misconduct or willful neglect: separation

§ 1207a - Members with over eight years of active service: eligibility for disability retirement for pre-existing conditions

§ 1208 - Computation of service

§ 1209 - Transfer to inactive status list instead of separation

§ 1210 - Members on temporary disability retired list: periodic physical examination; final determination of status

§ 1211 - Members on temporary disability retired list: return to active duty; promotion

§ 1212 - Disability severance pay

§ 1213 - Effect of separation on benefits and claims

§ 1214 - Right to full and fair hearing

§ 1214a - Members determined fit for duty in Physical Evaluation Board: prohibition on involuntary administrative separation or denial...due to unsuitability based on medical conditions considered in evaluation

§ 1215 - Members other than Regulars: applicability of laws

§ 1216 - Secretaries: powers, functions, and duties

§ 1216a - Determinations of disability: requirements and limitations on determinations

§ 1217 - Academy cadets and midshipmen: applicability of chapter

§ 1218 - Discharge or release from active duty: claims for compensation, pension, or hospitalization

§ 1218a - Discharge or release from active duty: transition assistance for reserve component members injured while on active duty

§ 1219 - Statement of origin of disease or injury: limitations

§ 1220 - Repealed.

§ 1221 - Effective date of retirement or placement of name on temporary disability retired list

§ 2104 - Advanced training; eligibility for

§ 2107 - Financial assistance program for specially selected members

§ 2109 - Practical military training

§ 2110 - Logistical support

§ 5031 - Office of the Chief of Naval Operations: function; composition

§ 5537 to 5539 - Repealed.

§ 6011 - Navy Regulations

§ 6201 - Members of the naval service in other United States hospitals

§ 6202 - Insane members of the naval service

§ 6203 - Emergency medical treatment: reimbursement for expense

U.S. Code: Title 22 - FOREIGN RELATIONS AND INTERCOURSE
U.S. Code: Title 24 - HOSPITALS AND ASYLUMS
U.S. Code: Title 31 - MONEY AND FINANCE
U.S. Code: Title 42 - THE PUBLIC HEALTH AND WELFARE