A BILL

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Document Number (FOIA) /ESDN (CREST): 
CIA-RDP59-00224A000100550002-3
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RIFPUB
Original Classification: 
K
Document Page Count: 
12
Document Creation Date: 
November 17, 2016
Document Release Date: 
August 7, 2000
Sequence Number: 
2
Case Number: 
Publication Date: 
July 30, 1955
Content Type: 
OPEN
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PDF icon CIA-RDP59-00224A000100550002-3.pdf437.32 KB
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Approved For Release 2000/08/22 : CIA-RDP59-00224A000100550002-3 84Tzr CONGRESS 1ST SESSION S. 2720 IN THE SENATE OF THE UNITED STATES Jura 30, 1955 Mr. RUSSELL (for himself and Mr. SALTONSTALL) (by request) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To provide medical care for dependents of members of the Armed Forces of the United States, and for other purposes. Be it enacted by the Senate and House of Representa- tives of the United States of America in Congress assembled, That this Act may be cited as the "Armed Forces Dependents Medical Care Act of 1955". SEC. 2. The Congress declares it to be the purpose of this 6 Act to provide a uniform program of medical care for depend- 7 ents of members of the Armed Forces. The Congress believes that it is sound public policy to provide such a uniform pro- 9 gram of medical care as an important factor in the creation 10 and. maintenance of high morale throughout the Armed Forces 11 because it assures military personnel at home and overseas 1 Approved For Release 2000/08/22 : CIA-RDP59-00224A000100550002-3 Approved For Release 2000/08/22 : CIA-RDP59-00224A000100550002-3 2 1 that the medical care of their dependents is being provided 2 for by the Department of Defense. 3 SEC. 3. Dependents of members of the Armed Forces are 4 authorized to be given medical care in accordance with the provisions of this Act as implemented by regulations pre- 6 scribed by the Secretary of Defense, and approved by the 7 President- 8 (a) in military medical facilities subject to the avail- 9 ability of space, facilities, and capabilities of the medical 10 staff; 11 (b) through an insurance plan, as provided by see.- 12 tion 5 of this Act; and 13 (c) from civilian medical sources, pursuant to sec- 14 tiori 6 of this Act, for dependents of members of the 1: Armed Forces not participating in an insurance plan 16 under section 5 of this Act: Provided, That no military 17 medical facilities are available for such dependents. 18 SECS. 4. (a) Medical care is authorized to be given de- 19 pendents of members of the Armed Forces in. military medical 20 facilities subject to the availability of space, facilities, and the 21 capabilities of the medical staff. The medical care of depend- 22 ents of members of the Armed Forces provided for in nuli- 23 tary medical facilities shall in no way interfere with the 24 primary mission of the military medical services to provide 25 proper medical care for military personnel. Approved For Release 2000/08/22 : CIA-RDP59-00224A000100550002-3 Approved For Release 2000/08/22 : CIA-RDP59-00224A000100550002-3 3 1 (b) The Secretary of Defense may establish charges 2 for any subsistence given dependents of members of the 3 Armed Forces in connection with medical care in military 4 facilities. (c) As a restraint on excessive demands for medical 6 attention in military medical facilities, additional charges 7 may be imposed for outpatient care but such charges shall 3 be limited to such amounts, if any, as may be established 9 by the Secretary of Defense pursuant to a special finding 10 that such charges are necessary. 11 (d) Any amounts that are received in payment for sub- 12 sistence and medical care rendered dependents in military 13 medical facilities shall be deposited to the credit of the appro- 14 priation supporting the maintenance and operation or sub- 15 sistence of the military medical facilities furnishing the care. 16 SEC. 5. The Secretary of Defense is authorized to eon- 25 tract for the medical care, under the provisions of this Act, of dependents of members of the Armed Forces, under such private insurance plan or plans as he shall deem appropriate, subject to the following limitations : (a) Members of the Armed Forces shall be entitled to participate in such plan or plans upon filing of an application to participate on forms provided by the Department of Defense. (b) The cost of each private insurance contract shall Approved For Release 2000/08/22 : CIA-RDP59-00224A000100550002-3 Approved For Release 2000/08/22 : CIA-RDP59-00224A000100550002-3 4 1 be apportioned between the member of the Armed Forces 2 and the Government. The contribution by the member of 3 the Armed Forces shall not exceed 30 per centum of the 4 monthly cost and not to exceed $3 per month estimated at the time of his filing of a request to participate in such 6 a plan? 7 (c) Members of the Armed Forces may select such 8 optional coverage as such plan shall provide. 9 (d) Payment by a member of the Armed Forces of his 10 share of the cost of the premium of such private insurance 11 contract shall be by allotment of pay as the Secretary of 12 Defense shall prescribe. 13 (e) Such private insurance plan shall. not provide for 14 any limitation on periods of authorized medical care for 15 dependents of members of the Armed Forces for each acci- 16 dent or illness. 17 (f) The Secretary of Defense, in contracting for such 18 insurance plan or plans, shall provide for a reduction of the 19 costs to the extent that dependents of members of the Armed 20 Forces participating in such plan are cared for in military 21 medical facilities, 22 (g) The charges for medical care rendered under such 23 private. insurance plan by civilian physicians and surgeons 24 and hospitals and treatment facilities under civilian control 25 shallnot be at rates in excess of the physician's, surgeon's, Approved For Release 2000/08/22 : CIA-RDP59-00224A000100550002-3 . Approved For Release 2000/08/22 : CIA-RDP59-00224A000100550002-3 5 1 hospital's, or treatment facility's standard schedule of charges 2 for semiprivate accommodations to the general public or to 3 group-insurance patients (whichever is lower) for the serv- 4 ices rendered. 5 SEC. 6. Dependents of members of the Armed Forces 6 who do not elect to participate in an insurance plan as an- 7 thorized under section 5 of this Act and who are in need 8 of medical care, for which military medical facilities are not 9 available, because of inaccessibility, lack of space, facilities, 10 or capabilities of the medical staff, are authorized to receive 11 medical care as provided in this section from duly licensed 12 physicians and facilities under civilian control. However, 13 no funds shall be expended for professional service except 14 in accordance with schedules of maximum fees and costs 15 for such professional service established by the Secretary of Defense. In establishing such schedules, the Secretary of Defense may consult with accredited medical associations and any other agencies which he considers appropriate. The payment for services rendered by hospitals and clinics shall be at rates not in excess of the hospital's or clinic's standard schedule of charges for semiprivate accomodations to the gen- eral public or to group-insurance patients, whichever is lower, for the service rendered. As a restraint on excessive demands for medical care, dependents receiving medical care 5.2720 2 Approved For Release 2000/08/22 : CIA-RDP59-00224A000100550002-3 Approved For Release 2000/08/22 : CIA-RDP59-00224A000100550002-3 1 in civilian medical facilities, under the terms of this section, 2 shall be required to pay 30 per centum of the first $100 plus 15 per centum of the cost of the remainder of inpatient 4 care and 30 per centum of the cost of outpatient care. h ow- ever, in cases of protracted periods of illness or other hard- 6 ship cases, the Secretary of Defense may provide for the 7 transfer of such dependent to a military medical facility or 8 take such other appropriate action to alleviate such hardship. 9 SEC. 7. As used in this Act- 10 (a) The term "member of the Armed Forces" in- 1.1 eludes- 12 (1) a person, appointed or enlisted in, or inducted, 13 called or conscripted into, the Army, Navy, Air Force, 14 or :Marine Corps, or members of the reserve com- 15 ponents who have entered on extended active duty in 16 excess of ninety days but not including persons on duty 1-7 for training purposes only; and 18 (2) a member or former member of the Army, 19 Navy, Air Force, or Marine Corps, who is entitled to 20 retirement, or retainer pay or equivalent pay as a result 21 of service in the Army, Navy, Air Force, or Marine 22 Corps, other than those entitled to receive retired or re- 23 tirennent pay pursuant to title III of the Army and 24 Air Force Vitalization and Retirement Equalization Act Approved For Release 2000/08/22 : CIA-RDP59-00224A000100550002-3 Approved For Release 2000/08/22 : CIA-RDP59-00224A000100550002-3 7 1 of 1948, and those rtonregular officers' of the Army, 2 Navy, and Marine Corps placed on the emergency re- 3 tired list under Act of May 24, 1928, as amended, by 4 reason of disability incurred in World War I and their dependents who are furnished medical care by the 6 Veterans' Administration. 7 (b) The term "dependent" includes- (1) in the case of any male member- (A) his lawful wife; 10 (B) his unmarried dependent children. The 11 term "children" shall in addition to the members' own 12 or lawfully adopted children include stepchildren, 13 or such other children as depend upon the member 14 for support and live with the member in a regular 15 child-parent relationship; children shall not be in- 1 C' eluded in the terns "dependent" who are over the 17 age of twenty-one years, except such children who 18 are incapable of self-support because of being men- 1.9 tally or physically incapacitated and who are in 20 fact dependent on the member for over half of their 21 support; 22 (C) his parents and parents-in-law if in fact 23 dependent on him for over half of their support; and Approved For Release 2000/08/22 : CIA-RDP59-00224A000100550002-3 Approved For Release 2000/08/22 : CIA-RDP59-00224A000100550002-3 8 1 (2) in the case of any female member--- 2 (A) her lawful husband, if in fact dependent 3 on her for over half of his support; 4 (B) her unmarried dependent children. The 5 term "children" shall in addition to the members' 6 own or lawfully adopted children include stepchil- 7 dren, or such other children as depend upon the 8 member for support and live with the member 9 in a regular child-parent relationship ; children 10 shall not be included in the term "dependent" 1.1 who are over the age of twenty-one years, ex- 12 cept such children who are incapable of self- 13 support because of being mentally or physically 14 incapacitated and who are in fact dependent on the 15 member for over half of their support; 16 (C) her parents and parents-in-law if in fact 17 dependent on her for over half of their support; and 18 (3) unmarried widows and the dependent children 19 of persons who were members of the Armed Forces, as 20 defined in this Act, at the time of death are authorized 21 medical care under the terms of this Act. 22 SEC. S. Medical care under this Act shall be limited to 23 the following : 24 (a) Diagnosis ; (b) Treatment of acute medical and surgical conditions; Approved For Release 2000/08/22 : CIA-RDP59-00224A000100550002-3 Approved For Release 2000/08/22 : CIA-RDP59-00224A000100550002-3 9 1 (c) Treatment of contagious diseases; 2 (d) Inununization; and 3 (e) Maternity and infant care. 4 SEC. 9. Hospitalization shall. not be authorized dependents 5 of members of the Armed Forces for the following: 6 (a) Domiciliary care and chronic diseases; 7 (b) Nervous and mental disorders (except for diagnostic 8 purposes) ; and 9 (c) Elective medical and surgical treatments as deter- 10 mined by the cognizant physician. 11 Sl+.'c. 10. (a) Dependents of members of the Armed 12 Forces shall not be provided prosthetic devices, hearing aids, 13 orthopedic footwear, and spectacles, except that outside the 14 continental limits of the United States and at remote stations 15 within the continental limits of the United States where ade- 16 quate civilian facilities are not available, those items, if avail- 17 able from military stocks, may be provided to dependents 18 at prices representing full cost to the Government. 19 (b) Dependents of members of the Armed Forces shall 20 not be provided- 21 (1) ambulance service, except in acute emergency, 22 and (2) home calls except in special cases where it is determined by the cognizant physician to be medically necessary. Approved For Release 2000/08/22 : CIA-RDP59-00224A000100550002-3 Approved For Release 2000/08/22 : CIA-RDP59-00224A000100550002-3 10 1 SEC. 11. Except outside the continental limits of the 2 United States and in remote areas within the continental 3 limits of the United States where adequate civilian dental 4 facilities are not available, dental treatment for dependents of members of the Armed Forces will be restricted to emer- G gency dental care and dental care as a necessary adjunct 7 to medical. or surgical treatment. Emergency dental care 8 is defined as the care required to relieve pain and suffering 0 and shall not include any permanent restorative work or =t0 dental prosthesis. Dental treatment which may be pro- 11 vided dependents of members of the Armed Forces under 12 this section will be obtained in military dental facilities and 13 will depend upon the availability of space, facilities, and 14 capabilities of the dental staff. Dependents of members of 15 the Armed Forces are not authorized dental care at govern- 16 raent expense through civilian dental sources, except as a 17 necessary adjunct to inpatient medical or surgical treat, 18 rent. 19 SEC. 12. There are hereby authorized to be appropri- 20 ated such sums as may be necessary to carry out the pro- 21 visions of this Act. 22 SEC. 13. (a) The following laws and parts of laws are 23 hereby repealed: 24 (1) So much of the Act of July 5, 1884 (ch. 217, 23 Approved For Release 2000/08/22 : CIA-RDP59-00224A000100550002-3 Approved For Release 2000/08/22 : CIA-RDP59-00224A000100550002-3 10 11 11 Stat. 107), as is contained in the proviso under the heading "Medical Department". (2) The Act of May 10, 1943 (ch. 95, 57 Stat. 80), except section 4 of such Act. (3) That part of section 326 (b) of the Act of July 1, 1944 (58 Stat. 697), which reads as follows : "Such cost shall be at such uniform rate as may be prescribed from time to time by the President for the hospitalization of dependents of naval and Marine Corps personnel at any naval hospital, pursuant to section 2 of the Act of May 10, 1943 (57 Stat. ". 80). (4) Public Law 1.08, approved June 20, 1949, to the 13 extent that it authorizes hospital and medical care for de- 14 pendents of the regular and reserve components of the Armed 15 Forces. 16 (b) All laws and parts of laws to the extent that they 17 are inconsistent with the provisions of this Act are hereby 18 repealed. 19 SEC. 13. This Act shall become effective one-hundred 20 and twenty days from the enactment of this Act. Approved For Release 2000/08/22 : CIA-RDP59-00224A000100550002-3 Approved For Release 2000/08/22 : CIA-RDP59-00224A000100550002-3 Approved For Release 2000/08/22 : CIA-RDP59-00224A000100550002-3