10 U.S. Code § 1096 - Military-civilian health services partnership program; medical surge program

(a) Resources Sharing Agreements.—

The Secretary of Defense may enter into an agreement providing for the sharing of resources between facilities of the uniformed services and facilities of a civilian health care provider or providers that the Secretary contracts with under section 1079, 1086, or 1097 of this title if the Secretary determines that such an agreement would result in the delivery of health care to which covered beneficiaries are entitled under this chapter in a more effective, efficient, or economical manner.

(b) Eligible Resources.—

An agreement entered into under subsection (a) may provide for the sharing of—

(1) personnel (including support personnel);

(2) equipment;

(3) supplies; and

(4) any other items or facilities necessary for the provision of health care services.

(c) Computation of Charges.—

A covered beneficiary who is a dependent, with respect to care provided to such beneficiary in facilities of the uniformed services under a sharing agreement entered into under subsection (a), shall pay the charges prescribed by section 1078 of this title.

(d) Reimbursement for License Fees.—

In any case in which it is necessary for a member of the uniformed services to pay a professional license fee imposed by a government in order to provide health care services at a facility of a civilian health care provider pursuant to an agreement entered into under subsection (a), the Secretary of Defense may reimburse the member for up to $500 of the amount of the license fee paid by the member.

(e) Medical Surge Program.—

(1) The Secretary of Defense, in collaboration with the Secretary of Health and Human Services, shall carry out a program of record known as the Military-Civilian Medical Surge Program to—

(A) support locations that the Secretary of Defense selects under paragraph (3)(B); and

(B) enhance the interoperability and medical surge capability and capacity of the National Disaster Medical System in response to a declaration or other action described in subparagraphs (A) through (F) of paragraph (4).

(2)

(A) The Secretary of Defense, acting through the Institute [1] for Defense Health Cooperation at the Uniformed Services University of the Health Sciences (or such successor center), shall oversee the management, staffing, and deployment of the Program, in coordination with the Chairman of the Joint Chiefs of Staff, the Director of the Defense Health Agency, and, for purposes of ensuring that the Program is carried out in a manner that is consistent with paragraph (6), the Secretary of Health and Human Services.

(B) In carrying out subparagraph (A) during a contingency operation, the Secretary of Defense shall ensure that the Program provides support, acting through the Defense Health Agency serving as a combat support agency, to the relevant combatant command.

(C) The Secretary of Defense shall ensure the program is administrated in coordination with the military departments, the Joint Staff, the Defense Health Agency, and the Department of Health and Human Services through semiannual coordination meetings and quarterly updates. On an annual basis, one such meeting shall include the participation of partners specified in paragraph (3)(A).

(D) In carrying out the Program, the Secretary of Defense shall maintain requirements for staffing, specialized training, research, and education, regarding patient regulation, movement, definitive care, and other matters the Secretary determines critical to sustaining the health of members of the armed forces.

(3)

(A) In carrying out the Program, the Secretary of Defense shall establish partnerships at locations selected under subparagraph (B) with public, private, and nonprofit health care organizations, health care institutions, health care entities, academic medical centers of institutions of higher education, and hospitals that the Secretary and the Secretary of Health and Human Services determine—

(i) are critical in mobilizing a civilian medical response in support of a wartime contingency or other catastrophic event in the United States; and

(ii) have demonstrated technical proficiency in critical national security domains, including high-consequence infectious disease and special pathogen preparedness, and matters relating to defense, containment, management, care, and transportation.

(B) The Secretary of Defense shall select not fewer than eight locations that are operationally relevant to the missions of the Department of Defense under the National Disaster Medical System and are aeromedical or other transport hubs or logistics centers in the United States for partnerships under subparagraph (A). The Secretary may select more than eight locations, including locations outside of the continental United States, if the Secretary determines such additional locations cover areas of strategic and operational relevance to the Department.

(4) The Secretary of Defense and the Secretary of Health and Human Services shall ensure that the partnerships under paragraph (3)(A) allow for civilian medical personnel to quickly and effectively mobilize direct support to military medical treatment facilities and provide support to other requirements of the military health system pursuant to the following:

(A) A declaration of a national emergency under the National Emergencies Act (50 U.S.C. 1621 [2] et seq.).

(B) A public health emergency declared under section 319 of the Public Health Service Act (42 U.S.C. 247d).

(C) A declaration of war by Congress.

(D) A contingency operation.

(E) The President’s exercise of executive powers under the War Powers Resolution (50 U.S.C. 1541 et seq.).

(F) Any other emergency or major disaster as declared by the President.

(5) Not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, and annually thereafter, the Secretary of Defense shall submit to the Committee on Armed Services and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Armed Services and the Committee on Energy and Commerce of the House of Representatives a report on the status, readiness, and operational capabilities of the Program. Each report shall include an assessment of personnel readiness, resource availability, interagency coordination efforts, and recommendations for continued improvements to the Program.

(6) Nothing in this section shall be construed to authorize the Secretary of Defense to control, direct, limit, or otherwise affect the authorities of the Secretary of Health and Human Services with respect to the leadership and administration of the National Disaster Medical System, public health and medical preparedness and response, staffing levels, or resource allocation.

(7) In this subsection:

(A) The term “institution of higher education” means a four-year institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))).

(B) The term “National Disaster Medical System” means the system established under section 2812 of the Public Health Service Act (42 U.S.C. 300hh–11).

(C) The term “Program” means the Military-Civilian Medical Surge Program established under paragraph (1).

(Added Pub. L. 99–661, div. A, title VII, § 701(a)(1), Nov. 14, 1986, 100 Stat. 3894; amended Pub. L. 103–337, div. A, title VII, § 712, Oct. 5, 1994, 108 Stat. 2801; Pub. L. 108–375, div. A, title VI, § 607(b), Oct. 28, 2004, 118 Stat. 1946; Pub. L. 119–60, div. A, title VII, § 712, Dec. 18, 2025, 139 Stat. 919.)

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[1]  So in original. Probably should be preceded by “National”.

[2]  So in original. Probably should be “1601”.

Editorial Notes

References in Text

The National Emergencies Act, referred to in subsec. (e)(4)(A), is Pub. L. 94–412, Sept. 14, 1976, 90 Stat. 1255, which is classified principally to chapter 34 (§ 1601 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 50 and Tables.

The War Powers Resolution, referred to in subsec. (e)(4)(E), is Pub. L. 93–148, Nov. 7, 1973, 87 Stat. 555, which is classified generally to chapter 33 (§ 1541 et seq.) of Title 50, War and National Defense. For complete classification of this Resolution to the Code, see Short Title note set out under section 1541 of Title 50 and Tables.

The date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, referred to in subsec. (e)(5), is the date of enactment of Pub. L. 119–60, which was approved Dec. 18, 2025.

Amendments

2025—Pub. L. 119–60, § 712(1), inserted “; medical surge program” after “program” in section catchline.

Subsec. (e). Pub. L. 119–60, § 712(2), added subsec. (e).

2004—Subsec. (c). Pub. L. 108–375 inserted “who is a dependent” after “covered beneficiary” and substituted “shall pay the charges prescribed by section 1078 of this title.” for “shall pay—

“(1) in the case of a dependent, the charges prescribed by section 1078 of this title; and

“(2) in the case of a member or former member entitled to retired or retainer pay, the charges prescribed by section 1075 of this title.”

1994—Subsec. (d). Pub. L. 103–337 added subsec. (d).

Statutory Notes and Related Subsidiaries

Development and Update of Certain Policies Relating to Military Health System and Integrated Medical Operations

Pub. L. 117–81, div. A, title VII, § 724, Dec. 27, 2021, 135 Stat. 1793, provided that:

“(a) In General.—

By not later than October 1, 2022, the Secretary of Defense, in coordination with the Secretaries of the military departments and the Chairman of the Joint Chiefs of Staff, shall develop and update certain policies relating to the military health system and integrated medical operations of the Department of Defense as follows:

“(1) Updated plan on integrated medical operations in continental united states.—

The Secretary of Defense shall develop an updated plan on integrated medical operations in the continental United States and update the Department of Defense Instruction 6010.22, titled ‘National Disaster Medical System (NDMS)’ (or such successor instruction) accordingly. Such updated plan shall—

“(A) be informed by the operational plans of the combatant commands and by the joint medical estimate under section 732 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1817);

“(B) include an updated bed plan, to include bed space available through the military health system and through hospitals participating in the National Disaster Medical System established pursuant to section 2812 of the Public Health Service Act (42 U.S.C. 300hh–11);

“(C) include a determination as to whether combat casualties should receive medical care under the direct care or purchased care component of the military health system and a risk analysis in support of such determination;

“(D) identify the manning levels required to furnish medical care under the updated plan, including with respect to the levels of military personnel, civilian employees of the Department, and contractors of the Department; and

“(E) include a cost estimate for the furnishment of such medical care.

“(2) Updated plan on global patient movement.—

The Secretary of Defense shall develop an updated plan on global patient movement and update the Department of Defense Instruction 5154.06, relating to medical military treatment facilities and patient movement (or such successor instruction) accordingly. Such updated plan shall—

“(A) be informed by the operational plans of the combatant commands and by the joint medical estimate under section 732 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1817);

“(B) include a risk assessment with respect to patient movement compared against overall operational plans;

“(C) include a description of any capabilities-based assessment of the Department that informed the updated plan or that was in progress during the time period in which the updated plan was developed;

“(D) identify the manning levels, equipment and consumables, and funding levels, required to carry out the updated plan; and

“(E) address airlift capability, medical evacuation capability, and access to ports of embarkation.

“(3) Assessment of biosurveillance and medical research capabilities.—

The Secretary of Defense shall conduct an assessment of the biosurveillance and medical research capabilities of the Department of Defense. Such assessment shall include the following:

“(A) An identification of the location and strategic value of the overseas medical laboratories and overseas medical research programs of the Department.

“(B) An assessment of the current capabilities of such laboratories and programs with respect to force health protection and evidence-based medical research.

“(C) A determination as to whether such laboratories and programs have the capabilities, including as a result of the geographic location of such laboratories and programs, to provide force health protection and evidence-based medical research, including by actively monitoring for future pandemics, infectious diseases, and other potential health threats to members of the Armed Forces.

“(D) The current biosurveillance and medical research capabilities of the Department.

“(E) The current manning levels of the biosurveillance and medical research entities of the Department, including an assessment of whether such entities are manned at a level necessary to support the missions of the combatant commands (including with respect to missions related to pandemic influenza or homeland defense).

“(F) The current funding levels of such entities, including a risk assessment as to whether such funding is sufficient to sustain the manning levels necessary to support missions as specified in subparagraph (E).

“(b) Interim Briefing.—

Not later than April 1, 2022, the Secretary of Defense, in coordination with the Secretaries of the military departments and the Chairman of the Joint Chiefs of Staff, shall provide to the Committees on Armed Services of the House of Representatives and the Senate an interim briefing on the progress of implementation of the plans and assessment required under subsection (a).

“(c) Report.—

Not later than December 1, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report describing each updated plan and assessment required under subsection (a).”

Pilot Program on Civilian and Military Partnerships To Enhance Interoperability and Medical Surge Capability and Capacity of National Disaster Medical System

Pub. L. 116–92, div. A, title VII, § 740, Dec. 20, 2019, 133 Stat. 1465, as amended by Pub. L. 116–283, div. A, title VII, § 741, Jan. 1, 2021, 134 Stat. 3705, provided that:

“(a) In General.—

Beginning not later than September 30, 2021, the Secretary of Defense shall carry out a pilot program to establish partnerships with public, private, and nonprofit health care organizations, health care institutions, health care entities, academic medical centers of institutions of higher education, and hospitals in collaboration with the Secretary of Veterans Affairs, the Secretary of Health and Human Services, the Secretary of Homeland Security, and the Secretary of Transportation to enhance the interoperability and medical surge capability and capacity of the National Disaster Medical System under section 2812 of the Public Health Service Act (42 U.S.C. 300hh–11).

“(b) Duration.—

The Secretary of Defense shall carry out the pilot program under subsection (a) for a period of not more than five years.

“(c) Lead Official for Design and Implementation of Pilot Program.—

“(1) In general.—

The Assistant Secretary of Defense for Health Affairs shall be the lead official for the design and implementation of the pilot program under subsection (a).

“(2) Resources.—

The Assistant Secretary of Defense for Health Affairs shall leverage the resources of the Defense Health Agency for execution of the pilot program under subsection (a) and shall coordinate with the Chairman of the Joint Chiefs of Staff for the duration of the pilot program, including for the duration of any period of design or planning for the pilot program.

“(d) Locations.—

“(1) In general.—

The Secretary of Defense shall carry out the pilot program under subsection (a) at not fewer than five locations in the United States that are located at or near an organization, institution, entity, center, or hospital specified in subsection (a) with established expertise in disaster health preparedness and response and trauma care that augment and enhance the effectiveness of the pilot program.

“(2) Phased selection of locations.—

“(A) Initial selection.—

Not later than March 31, 2021, the Assistant Secretary of Defense for Health Affairs, in consultation with the Secretary of Veterans Affairs, the Secretary of Health and Human Services, the Secretary of Homeland Security, and the Secretary of Transportation, shall select not fewer than two locations at which to carry out the pilot program.

“(B) Subsequent selection.—

Not later than the end of the one-year period following selection of the locations under subparagraph (A), the Assistant Secretary of Defense for Health Affairs, in consultation with the Secretaries specified in subparagraph (A), shall select not fewer than two additional locations at which to carry out the pilot program until not fewer than five locations are selected in total under this paragraph.

“(3) Consideration for locations.—

In selecting locations for the pilot program under subsection (a), the Secretary shall consider—

“(A) the proximity of the location to civilian or military transportation hubs, including airports, railways, interstate highways, or ports;

“(B) the proximity of the location to an organization, institution, entity, center, or hospital specified in subsection (a) with the ability to accept a redistribution of casualties during times of war;

“(C) the proximity of the location to an organization, institution, entity, center, or hospital specified in subsection (a) with the ability to provide trauma care training opportunities for medical personnel of the Department of Defense; and

“(D) the proximity of the location to existing academic medical centers of institutions of higher education, facilities of the Department, or other institutions that have established expertise in the areas of—

“(i) highly infectious disease;

“(ii) biocontainment;

“(iii) quarantine;

“(iv) trauma care;

“(v) combat casualty care;

“(vi) the National Disaster Medical System under section 2812 of the Public Health Service Act (42 U.S.C. 300hh–11);

“(vii) disaster health preparedness and response;

“(viii) medical and public health management of biological, chemical, radiological, or nuclear hazards; or

“(ix) such other areas of expertise as the Secretary considers appropriate.

“(4) Priority for locations.—

In selecting locations for the pilot program under subsection (a), the Secretary shall give priority to locations that would facilitate public-private partnerships with academic medical centers of institutions of higher education, hospitals, and other entities with facilities that have an established history of providing clinical care, treatment, training, and research in the areas described in paragraph (3)(D) or other specializations determined important by the Secretary for purposes of the pilot program.

“(e) Requirements.—

In establishing partnerships under the pilot program under subsection (a), the Secretary, in collaboration with the Secretary of Veterans Affairs, the Secretary of Health and Human Services, the Secretary of Homeland Security, and the Secretary of Transportation, shall establish requirements under such partnerships for staffing, specialized training, medical logistics, telemedicine, patient regulating, movement, situational status reporting, tracking, and surveillance.

“(f) Evaluation Metrics.—

The Secretary of Defense shall establish metrics to evaluate the effectiveness of the pilot program under subsection (a).

“(g) Reports.—

“(1) Initial report.—

“(A) In general.—

Not later than 180 days after the commencement of the pilot program under subsection (a), the Secretary shall submit to the appropriate congressional committees a report on the pilot program.

“(B) Elements.—

The report under subparagraph (A) shall include the following:

“(i) A description of the pilot program.

“(ii) The requirements established under subsection (e).

“(iii) The evaluation metrics established under subsection (f).

“(iv) Such other matters relating to the pilot program as the Secretary considers appropriate.

“(2) Final report.—

Not later than 180 days after the completion of the pilot program under subsection (a), the Secretary shall submit to the appropriate congressional committees a report on the pilot program.

“(h) Definitions.—

In this section:

“(1) The term ‘appropriate congressional committees’ means—

“(A) The Committee on Armed Services, the Committee on Transportation and Infrastructure, the Committee on Veterans’ Affairs, the Committee on Homeland Security, and the Committee on Energy and Commerce of the House of Representatives.

“(B) The Committee on Armed Services, the Committee on Commerce, Science, and Transportation, the Committee on Veterans’ Affairs, the Committee on Homeland Security and Governmental Affairs, and the Committee on Health, Education, Labor, and Pensions of the Senate.

“(2) The term ‘institution of higher education’ means a four-year institution of higher education, as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).”

Establishment of High Performance Military-Civilian Integrated Health Delivery Systems

Pub. L. 114–328, div. A, title VII, § 706, Dec. 23, 2016, 130 Stat. 2206, provided that:

“(a) In General.—

Not later than January 1, 2018, the Secretary of Defense shall establish military-civilian integrated health delivery systems through partnerships with other health systems, including local or regional health systems in the private sector—

“(1) to improve access to health care for covered beneficiaries;

“(2) to enhance the experience of covered beneficiaries in receiving health care;

“(3) to improve health outcomes for covered beneficiaries;

“(4) to share resources between the Department of Defense and the private sector, including such staff, equipment, and training assets as may be required to carry out such integrated health delivery systems;

“(5) to maintain services within military treatment facilities that are essential for the maintenance of operational medical force readiness skills of health care providers of the Department; and

“(6) to provide members of the Armed Forces with additional training opportunities to maintain such readiness skills.

“(b) Elements of Systems.—

Each military-civilian integrated health delivery system established under subsection (a) shall—

“(1) deliver high quality health care as measured by leading national health quality measurement organizations;

“(2) achieve greater efficiency in the delivery of health care by identifying and implementing within each such system improvement opportunities that guide patients through the entire continuum of care, thereby reducing variations in the delivery of health care and preventing medical errors and duplication of medical services;

“(3) improve population-based health outcomes by using a team approach to deliver case management, prevention, and wellness services to high-need and high-cost patients;

“(4) focus on preventive care that emphasizes—

“(A) early detection and timely treatment of disease;

“(B) periodic health screenings; and

“(C) education regarding healthy lifestyle behaviors;

“(5) coordinate and integrate health care across the continuum of care, connecting all aspects of the health care received by the patient, including the patient’s health care team;

“(6) facilitate access to health care providers, including—

“(A) after-hours care;

“(B) urgent care; and

“(C) through telehealth appointments, when appropriate;

“(7) encourage patients to participate in making health care decisions;

“(8) use evidence-based treatment protocols that improve the consistency of health care and eliminate ineffective, wasteful health care practices; and

“(9) improve coordination of behavioral health services with primary health care.

“(c) Agreements.—

“(1) In general.—

In establishing military-civilian integrated health delivery systems through partnerships under subsection (a), the Secretary shall seek to enter into memoranda of understanding or contracts between military treatment facilities and health maintenance organizations, health care centers of excellence, public or private academic medical institutions, regional health organizations, integrated health systems, accountable care organizations, and such other health systems as the Secretary considers appropriate.

“(2) Private sector care.—

Memoranda of understanding and contracts entered into under paragraph (1) shall ensure that covered beneficiaries are eligible to enroll in and receive medical services under the private sector components of military-civilian integrated health delivery systems established under subsection (a).

“(3) Value-based reimbursement methodologies.—

The Secretary shall incorporate value-based reimbursement methodologies, such as capitated payments, bundled payments, or pay for performance, into memoranda of understanding and contracts entered into under paragraph (1) to reimburse entities for medical services provided to covered beneficiaries under such memoranda of understanding and contracts.

“(4) Quality of care.—

Each memorandum of understanding or contract entered into under paragraph (1) shall ensure that the quality of services received by covered beneficiaries through a military-civilian integrated health delivery system under such memorandum of understanding or contract is at least comparable to the quality of services received by covered beneficiaries from a military treatment facility.

“(d) Covered Beneficiary Defined.—

In this section, the term ‘covered beneficiary’ has the meaning given that term in section 1072 of title 10, United States Code.”