10 U.S.C. § 1072 : US Code - Section 1072: Definitions

Search 10 U.S.C. § 1072 : US Code - Section 1072: Definitions

In this chapter:
(1) The term "uniformed services" means the armed forces and
the Commissioned Corps of the National Oceanic and Atmospheric
Administration and of the Public Health Service.
(2) The term "dependent", with respect to a member or former
member of a uniformed service, means -
(A) the spouse;
(B) the unremarried widow;
(C) the unremarried widower;
(D) a child who -
(i) has not attained the age of 21;
(ii) has not attained the age of 23, is enrolled in a full-
time course of study at an institution of higher learning
approved by the administering Secretary and is, or was at the
time of the member's or former member's death, in fact
dependent on the member or former member for over one-half of
the child's support; or
(iii) is incapable of self-support because of a mental or
physical incapacity that occurs while a dependent of a member
or former member under clause (i) or (ii) and is, or was at
the time of the member's or former member's death, in fact
dependent on the member or former member for over one-half of
the child's support;
(E) a parent or parent-in-law who is, or was at the time of
the member's or former member's death, in fact dependent on him
for over one-half of his support and residing in his household;
(F) the unremarried former spouse of a member or former
member who (i) on the date of the final decree of divorce,
dissolution, or annulment, had been married to the member or
former member for a period of at least 20 years during which
period the member or former member performed at least 20 years
of service which is creditable in determining that member's or
former member's eligibility for retired or retainer pay, or
equivalent pay, and (ii) does not have medical coverage under
an employer-sponsored health plan;
(G) a person who (i) is the unremarried former spouse of a
member or former member who performed at least 20 years of
service which is creditable in determining the member or former
member's eligibility for retired or retainer pay, or equivalent
pay, and on the date of the final decree of divorce,
dissolution, or annulment before April 1, 1985, had been
married to the member or former member for a period of at least
20 years, at least 15 of which, but less than 20 of which, were
during the period the member or former member performed service
creditable in determining the member or former member's
eligibility for retired or retainer pay, and (ii) does not have
medical coverage under an employer-sponsored health plan;
(H) a person who would qualify as a dependent under clause
(G) but for the fact that the date of the final decree of
divorce, dissolution, or annulment of the person is on or after
April 1, 1985, except that the term does not include the person
after the end of the one-year period beginning on the date of
that final decree; and
(I) an unmarried person who -
(i) is placed in the legal custody of the member or former
member as a result of an order of a court of competent
jurisdiction in the United States (or possession of the
United States) for a period of at least 12 consecutive
months;
(ii) either -
(I) has not attained the age of 21;
(II) has not attained the age of 23 and is enrolled in a
full time course of study at an institution of higher
learning approved by the administering Secretary; or
(III) is incapable of self support because of a mental or
physical incapacity that occurred while the person was
considered a dependent of the member or former member under
this subparagraph pursuant to subclause (I) or (II);
(iii) is dependent on the member or former member for over
one-half of the person's support;
(iv) resides with the member or former member unless
separated by the necessity of military service or to receive
institutional care as a result of disability or
incapacitation or under such other circumstances as the
administering Secretary may by regulation prescribe; and
(v) is not a dependent of a member or a former member under
any other subparagraph.
(3) The term "administering Secretaries" means the Secretaries
of executive departments specified in section 1073 of this title
as having responsibility for administering this chapter.
(4) The term "Civilian Health and Medical Program of the
Uniformed Services" means the program authorized under sections
1079 and 1086 of this title and includes contracts entered into
under section 1091 or 1097 of this title and demonstration
projects under section 1092 of this title.
(5) The term "covered beneficiary" means a beneficiary under
this chapter other than a beneficiary under section 1074(a) of
this title.
(6) The term "child", with respect to a member or former member
of a uniformed service, means the following:
(A) An unmarried legitimate child.
(B) An unmarried adopted child.
(C) An unmarried stepchild.
(D) An unmarried person -
(i) who is placed in the home of the member or former
member by a placement agency (recognized by the Secretary of
Defense), or by any other source authorized by State or local
law to provide adoption placement, in anticipation of the
legal adoption of the person by the member or former member;
and
(ii) who otherwise meets the requirements specified in
paragraph (2)(D).
(7) The term "TRICARE program" means the managed health care
program that is established by the Department of Defense under
the authority of this chapter, principally section 1097 of this
title, and includes the competitive selection of contractors to
financially underwrite the delivery of health care services under
the Civilian Health and Medical Program of the Uniformed
Services.
(8) The term "custodial care" means treatment or services,
regardless of who recommends such treatment or services or where
such treatment or services are provided, that -
(A) can be rendered safely and reasonably by a person who is
not medically skilled; or
(B) is or are designed mainly to help the patient with the
activities of daily living.
(9) The term "domiciliary care" means care provided to a
patient in an institution or homelike environment because -
(A) providing support for the activities of daily living in
the home is not available or is unsuitable; or
(B) members of the patient's family are unwilling to provide
the care.