[Code of Federal Regulations]
[Title 32, Volume 5]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR728.41]

[Page 323-324]
 
                       TITLE 32--NATIONAL DEFENSE
 
                   CHAPTER VI--DEPARTMENT OF THE NAVY
 
PART 728_MEDICAL AND DENTAL CARE FOR ELIGIBLE PERSONS AT NAVY MEDICAL 
DEPARTMENT FACILITIES--Table of Contents
 
   Subpart E_Members of Foreign Military Services and Their Dependents
 
Sec. 728.41  General provisions.


    (a) Dependent. As used in this subpart, the term ``dependent'' 
denotes a person who bears one of the following relationships to his or 
her sponsor:
    (1) A wife.
    (2) A husband if dependent on his sponsor for more than one-half of 
his support.
    (3) An unmarried legitimate child, including an adopted or stepchild 
who is dependent on the sponsor for over one-half of his or her support 
and who either:
    (i) Has not passed the 21st birthday; or
    (ii) Is incapable of self-support due to a physical or mental 
incapacity that existed prior to reaching the age of 21; or
    (iii) Has not passed the 23rd birthday and is enrolled in a full-
time course of study in an accredited institution of higher learning.

[[Page 324]]

    (b) Transfer to naval MTFs in the United States. Do not transfer 
personnel covered in this subpart to the United States solely for the 
purpose of obtaining medical care at naval MTFs. Consideration may be 
given however, in special circumstances following laws of humanity or 
principles of international courtesy. Transfer to naval MTFs in the 
United States of such persons located outside the United States requires 
approval of the Secretary of the Navy. Naval commands, therefore, should 
not commit the Navy by a promise of treatment in the United States. 
Approval generally will not be granted for treatment of those who suffer 
from incurable afflictions, who require excessive nursing or custodial 
care, or those who have adequate facilities in their own country. When a 
request is received concerning transfer for treatment at a naval MTF in 
the United States, the following procedures apply:
    (1) Forward the request to the Chief of Naval Operations (OP-61), 
with a copy to the Commander, Naval Medical Command, Washington, DC 
20372-5120 for administrative processing. Include:
    (i) Patient's full name and grade or rate (if dependent, the 
sponsor's name and grade or rate also).
    (ii) Country of which a citizen.
    (iii) Results of coordination with the chief of the diplomatic 
mission of the country involved.
    (iv) Medical report giving the history, diagnosis, clinical 
findings, results of diagnostic tests and procedures, and all other 
pertinent medical information.
    (v) Availability or lack thereof of professional skills and adequacy 
of facilities for treatment in the member's own country.
    (vi) Who will assume financial responsibility for costs of 
hospitalization and travel.
    (2) The Chief of Naval Operations (OP-61) will, if appropriate, 
obtain State Department clearance and guidance and advise the Secretary 
of the Navy accordingly. The Commander, Naval Medical Command will 
furnish the Chief of Naval Operations information and recommendations 
relative to the medical aspects and the name of the naval MTF with the 
capability to provide required care. If approved, the Chief of Naval 
Operations will furnish, through the chain of command, the commanding 
officer of the designated naval MTF authorization for admission of the 
beneficiary for treatment.