(a)Space for inpatient and outpatient care may be programed in facilities of the uniformed services for persons covered by sections
1076(b) of this title. The maximum amount of space that may be so programed for a facility is the greater of—
(1)the amount of space that would be so programed for the facility in order to meet the requirements to be placed on the facility for support of the teaching and training of health-care professionals; and
(2)the amount of space that would be so programed for the facility based upon the most cost-effective provision of inpatient and outpatient care to persons covered by sections
1076(b) of this title.
(1)In making determinations for the purposes of clauses (1) and (2) of subsection (a), the Secretary concerned shall take into consideration—
(A)the amount of space that would be so programed for the facility based upon projected inpatient and outpatient workloads at the facility for persons covered by sections
1076(b) of this title; and
(B)the anticipated capability of the medical and dental staff of the facility, determined in accordance with regulations prescribed by the Secretary of Defense and based upon realistic projections of the number of physicians and other health-care providers that it can reasonably be expected will be assigned to or will otherwise be available to the facility.
(2)In addition, a determination made for the purpose of clause (2) of subsection (a) shall be made in accordance with an economic analysis (including a life-cycle cost analysis) of the facility and consideration of all reasonable and available medical care treatment alternatives (including treatment provided under a contract under section
1086 of this title or under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.)).
The Social Security Act, referred to in subsec. (b)(2), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. Part A of title XVIII of the Social Security Act, is classified generally to Part A (§ 1395c et seq.) of subchapter
XVIII of chapter
7 of Title
42. For complete classification of this Act to the Code, see section
1305 of Title
42 and Tables.
1984—Subsec. (b)(2). Pub. L. 98–525which directed that “(42 U.S.C. 1395c et seq.)” be inserted after “the Social Security Act.”, was executed by inserting parenthetical after “the Social Security Act” to reflect the probable intent of Congress. See 1986 Amendment note above.
1982—Subsec. (a). Pub. L. 97–337, § 1(1), designated existing provisions as subsec. (a).
Pub. L. 97–337, § 1(2), substituted provisions limiting the maximum amount of space to be programed as the greater of the amounts of space described in par. (1) or (2) for provisions limiting the amount of space to be programed to that amount needed to support teaching and training requirements, except that space may be programed in areas having large concentrations of retired members where there is a critical shortage of facilities.
Pub. L. 97–337, § 2,Oct. 15, 1982, 96 Stat. 1632, provided that: “The amendment made by paragraph (2) of the first section of this Act [amending this section] shall apply only with respect to a facility for which funds for construction (or a major alteration) are first appropriated for a fiscal year after fiscal year 1983.”
For effective date of section, see section 3 ofPub. L. 89–614, set out as a note under section
1071 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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