Legal Assistance Office, Building 200, Washington Navy Yard, Washington, D.C. 20374, Tel: 202-433-4331.

Naval Legal Service Offices and other commands having authorized legal assistance officers are authorized to print and use letterheads without seal or official command designation in those matters in which the correspondence pertains solely to legal assistance matters. Legal assistance officers are directed to ensure that their correspondence does not imply United States Navy or command sponsorship or approval of the substance of the correspondence. Such correspondence is considered a private matter arising from the attorney-client relationship as indicated in § 727.8.

[42 FR 35958, July 13, 1977]

8727.13 Reports.

Each legal assistance office shall, by the 10th day of October of each year, prepare and submit to the Judge Advocate General one copy of the Legal Assistance Report (NAVJAG 5801/3 Rev. 12-78)) covering the preceding fiscal year. A final report shall be submitted on the disestablishment of the legal assistance office. Special reports shall be submitted when requested by the Judge Advocate General. Information copies of all reports shall be furnished to the supervising commander referred to in § 727.11. Reports symbol JAG-5801-1 is assigned for this reporting requirement.

[38 FR 6026, Mar. 6, 1973, as amended at 47 FR 41561, Sept. 21, 1982]

§ 727.14 Files and records.

(a) Case files. The material contained in legal assistance case files is necessarily limited to private unofficial matters and such material is privileged and protected under the attorney-client relationship. Each legal assistance office should therefore maintain only such files as are necessary for the proper operation of the office. [38 FR 6026, Mar. 6, 1973, as amended at 43 FR 17355, Apr. 24, 1978]

8727.15 Liberal construction of part.

The provisions of this part are intended to be liberally construed to aid

Sec.

Subpart F-Beneficiaries of Other Federal

Agencies

728.51 General provisions-the "Economy Act".

728.52 Veterans Administration Benefici

aries (VAB).

728.53 Department of Labor, Office of Workers' Compensation Programs (OWCP) Beneficiaries.

728.54 U.S. Public Health Service (USPHS), other than members of the Uniformed Services.

728.55 Department of Justice Beneficiaries.

728.56 Treasury Department Beneficiaries. 728.57 Department of State and associated

agencies.

728.58 Federal Aviation Agency (FAA) Beneficiaries.

728.59 Peace Corps Beneficiaries.

728.60 Job Corps and Volunteers in Service to America (VISTA) Beneficiaries. 728.61

Medicare Beneficiaries.

Subpart G-Other Persons

728.71 Ex-service maternity care. 728.72 Applicants for enrollment in the Senior Reserve Officers' Training Program.

728.73 Applicants for enlistment or reen

listment in the Armed Forces, and applicants for enlistment in the reserve components.

728.74 Applicants for appointment in the regular Navy or Marine Corps and Reserve Components, including members of the reserve components who apply for active duty.

728.75 Applicants for cadetship at service academies and applicants for the Uniformed Services University of Health Sciences (USUHS).

728.76 Naval Home residents.

728.77 Secretarial designees.

728.78 American Red Cross representatives and their dependents.

728.79 Employees of Federal contractors

§ 728.1 Mission of Navy Medical Department facilities.

The primary mission of Navy Medical Department facilities is to provide medical and dental care for members of the Navy and Marine Corps and for members of the other uniformed services who may be sick, injured, or disabled. In addition, Navy Medical Department facilities may provide medical and dental care to dependents of military personnel, to members not on active duty, and to such other persons as authorized by law, U.S. Navy regulations, and Department of Defense directives. These authorizations also provide that Navy Medical Department facilities may be called upon to furnish medical and dental care, pursuant to the laws of humanity or principles of international courtesy, to civilians and to other persons not otherwise entitled to medical and dental

care.

§ 728.2 Definitions.

Unless otherwise qualified in this part, the following terms, when used throughout, are defined as follows:

(a) Active Duty. Full-time duty in the active military service of the United States. This includes full-time training duty; annual training duty; and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. It does not include fulltime National Guard duty.

(b) Active Duty for Training. A tour of active duty for reserves for training under orders that provide for automatic reversion to non-active status when the specified period of active duty is completed. It includes annual training, special tours, and the initial tour performed by enlistees without prior military service.

(c) CHAMPUS. Civilian Health and Medical Program of the Uniformed Services.

(d) Catchment Area. A specified geographic area surrounding each Uniformed Services Medical Treatment Facility (USMTF) or designated Uniformed Services Treatment Facility (USTF). In the United States, catchment areas are defined by zip codes and are based on an area of approximately 40 miles in radius for inpatient care and 20 miles in radius for ambulatory care. Zip codes designating such areas in the United States are specified in Volumes I and II of the Military Health Services System (MHSS) Catchment Area Directory. Catchment areas for facilities outside the United States are defined in Volume III of the MHSS Catchment Area Directory. These directories exclude certain areas because of geographic barriers.

(e) Chronic Condition. Any medical or surgical condition marked by long duration or frequent recurrence-or likely to be so marked-which, in light of medical information available, will ordinarily resist efforts to eradicate it completely; a condition which needs health benefits to achieve or maintain stability that can be provided safety only by, or under the supervision of, physicians, nurses, or persons authorized by physicians.

(f) Civilian Employee. Pursuant to 5 U.S.C. 2105, a nonmilitary individual (1) appointed in the civil service, (2) engaged in the performance of a Federal function, or (3) engaged in the performance of his or her duties while subject to the supervision of the President, a Member or Members of Congress, or the Congress, a member of a uniformed service, an individual who is an employee under 5 U.S.C. 2105, the head of a Government controlled corporation, or an adjutant general designated by the Secretary concerned

under section 709c of title 32. Included are justices and judges of the United States, appointed and engaging in the performance of duties per 5 U.S.C. 2104.

(g) Cooperative Care. Medical services and supplies for which CHAMPUS Iwill share in the cost under circumstances specified in § 728.4(z), even though the patient remains under the primary control of a USMTF.

(h) Cooperative Care Coordinator. Designated individual in a CHAMPUS contractor's office who serves as the point of contact for health benefits advisors on all matters related to supplemental-cooperative care or services provided or ordered for CHAMPUS-eligible beneficiaries by USMTF provid

ers.

(i) Dental Care. Treatment which will prevent or remedy diseases, disabilities, and injuries to the teeth, jaws, and related structures and thereby contribute to maintenance or restoration of the dental health of an individual.

(j) Dependent. A spouse, an unremarried widow or widower, a child, or a parent who bears that legal relationship to his or her sponsor. For the purpose of rendering care under title 10, U.S.C., chapter 55, this also includes an unremarried former spouse and each beneficiary must also meet the eligibility criteria in § 728.31(b) and § 728.31(c).

(k) Designated USTFS. The following former U.S. Public Health Service (USPHS) facilities operate as "designated USTFs" for the purpose of rendering medical and dental care to active duty members and all CHAMPUS-eligible individuals.

(1) Hospitals.

(i) Wyman Park Health Systems, 3100 Wyman Park Drive, Baltimore, MD 21211, Telephone (301) 338-3000.

(ii) Allston-Brighton Aid and Health Group, 77 Warren Street, Boston, MA 02135, Telephone (617) 782-3400.

(iii) Hospital of St. John, 2050 Space Park Drive, Nassau Bay, TX 77058, Telephone (713) 757-7430.

(iv) Seattle Public Health Hospital, 1131 14th Avenue South, Seattle, WA 98144, Telephone (206) 324-7650.

(v) Bayley Seton Hospital, Bay Street and Vanderbilt Avenue, Staten

Island, NY 10304, Telephone (212) 447-3010.

(vi) St. Mary's Hospital, 440 Avenue North, Galveston, TX 77550, Telephone (713) 757-7430.

(vii) St. Joseph Ambulatory Care Center, 204 U.S. Customs Bldg., 701 San Jacinto Street, Houston, TX 77640, Telephone (713) 757-7430. (viii) St. Mary's Hospital, Port Arthur, TX 77002, Telephone (713) 757-7430.

(2) Clinics.

(i) Martins Point Health Care Center, 331 Veranda Street, Portland, ME 04103, Telephone (207) 780-3210.

(ii) Lutheran Medical Center, Downtown Health Care Services, New Post Office Bldg., W. 3rd St. & Prospect Avenue, Cleveland, OH 44113, Telephone (216) 522-4524.

(1) Disability Retirement or Separation. Temporary or permanent retirement or separation for physical disability as provided in title 10, U.S.C. 1201-1221.

(m) Elective Care. Medical, surgical, or dental care desired or requested by the individual or recommended by the physician or dentist which, in the opinion of other cognizant professional authority, can be performed at another place or time without jeopardizing life, limb, health, or well-being of the patient, e.g., surgery for cosmetic purposes and nonessential dental prosthetic appliances.

(n) Emergency Care. Medical treatment of patients with severe, lifethreatening, or potentially disabling conditions that require immediate intervention to prevent undue suffering or loss of life or limb and dental treatment of painful or acute conditions.

(0) Health Benefits Advisors (HBA). Designated individuals at naval facilities who are responsible for advising and assisting beneficiaries covered in this part concerning medical and dental benefits in uniformed services facilities and under CHAMPUS. They also provide information regarding Veterans Administration, Medicare, Medicaid, and such other local health programs known to be available to beneficiaries (see § 728.4(n)).

(p) Hospitalization. Inpatient care in a medical treatment facility.

(q) Inactive Duty Training. Duty prescribed for Reserves by the Secretary concerned under section 206 of title 37, U.S.C., or any other provision of law. Also includes special additional duties authorized for Reserves by an authority designated by the Secretary concerned and performed by them on a voluntary basis in connection with the prescribed training or maintenance activities of the units to which they are assigned. It includes those duties when performed by Reserves in their status as members of the National Guard.

(r) Legitimate Care. Those medical and dental services legally performed and not contrary to governing statutes.

(s) Maximum Hospital Benefit. That point during inpatient treatment when the patient's progress appears to have stabilized and it can be anticipated that additional hospitalization will not directly contribute to any further substantial recovery. A patient who will continue to improve slowly over a long period of time without specific therapy or medical supervision, or with only a moderate amount of treatment on an outpatient basis, may be considered as having attained maximum hospital benefit.

(t) Medical Care. Treatment required to maintain or restore the health of an individual. Medical care may include, but is not limited to, the furnishing of inpatient treatment, outpatient treatment, nursing service, medical examinations, immunizations, drugs, subsistence, transportation, and other adjuncts such as prosthetic devices, spectacles, hearing aids, orthopedic footwear, and other medically indicated appliances or services.

(u) Medically Inappropriate. A situation arising when denial of a Nonavailability Statement could result in significant risk to the health of a patient or significant limitation to the patient's reasonable access to needed health care.

(v) Medically Necessary. The level of services and supplies (i.e., frequency, extent, and kinds) adequate for the diagnosis and treatment of illness or injury, including maternity care. Medically necessary includes the concept of appropriate medical care.

(w) Medical Treatment Facility (MTF). Any duly authorized medical department center, hospital, clinic, or other facility that provides medical, surgical, or dental care.

(x) Member or Former Member. Includes:

(1) Member of the uniformed services ordered to active duty for more than 30 days.

(2) Retired members as defined in § 728.2(bb).

(3) Members of a uniformed service ordered to active duty for more than 30 days who died while on that duty. (4) Deceased retired members. (y) Military Patient. A member of a United States uniformed service on active duty, active duty for training, or inactive duty training, or an active duty member of the armed forces of a foreign government who is receiving inpatient or outpatient care.

(z) Occupational Health Services. Includes medical examinations and tests related to preemployment, preplacement, periodic, and pretermination; tests required for protecting the health and safety of naval personnel; job-related immunizations and chemoprophylaxis; education and training related to occupational health; and other services provided to avoid lost time or to improve effectiveness of employees. The latter shall include the furnishing of emergency treatment of illnesses or injuries occurring at work. Such health services shall be furnished both active duty military personnel and naval civilian employees per current directives.

(aa) Outside the United States. All areas except the 50 States and the District of Columbia.

(bb) Retired Member. A member or former member of a uniformed service who is entitled to retired or retainer pay, or equivalent pay, as a result of service in a uniformed service. This includes a member or former member who is: (1) retired for length of service; (2) permanently or temporarily retired for physical disability; (3) on the emergency officers' retired list and is entitled to retired pay for physical disability; or (4) otherwise in receipt of retired pay under 10 U.S.C. 1331-1337.

(cc) Routine Care. Medical and dental care necessary to maintain

health or dental functions other than care of an emergency or elective nature.

(dd) Supplemental Care or Services. When medical or dental management is retained by a naval MTF and required care is not available at the facility retaining management, any additional material, professional diagnostic or consultative services, or other personal services ordered by qualified uniformed service providers, and obtained for the care of that patient are supplemental. See § 728.12 concerning the management of active duty member patients.

(ee) Uniformed Services. The Navy, Marine Corps, Air Force, Army, Coast Guard, Commissioned Corps of the Public Health Service, and the Commissioned Corps of the National Oceanic and Atmospheric Administration. (ff) United States. The 50 States and the District of Columbia.

(gg) USMTF. Uniformed services medical treatment facility.