[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: 32CFR728.42]

[Page 324-325]
 
                       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. 728.42  NATO.

    (a) NATO SOFA nations. Belgium, Canada, Denmark, Federal Republic of 
Germany, France, Greece, Iceland, Italy, Luxembourg, the Netherlands, 
Norway, Portugal, Spain, Turkey, the United Kingdom, and the United 
States.
    (b) Beneficiaries. The following personnel are beneficiaries under 
the conditions set forth.
    (1) Members of NATO military services and their dependents. Military 
personnel of NATO nations, who, in connection with their official 
duties, are stationed in or passing through the United States, and their 
dependents residing in the United States with the sponsor may be 
provided care in naval MTFs to the same extent and under the same 
conditions as comparable U.S. uniformed services personnel and their 
dependents. Accordingly, the provisions of Sec. 728.12 are applicable 
to military personnel and Sec. 728.31(d) through Sec. 728.34 to 
accompanying dependents.
    (2) Military ships and aircraft personnel. Crew and passengers of 
visiting military aircraft and crews of ships of NATO nations which land 
or come into port at NATO or U.S. military airfields or ports within 
NATO countries.
    (3) NATO liaison officers. In overseas areas, liaison officers from 
NATO Army Forces or members of a liaison detachment from such a Force.
    (c) Application for care. Military personnel of NATO nations 
stationed in the United States and their dependents will present valid 
Uniformed Services Identification and Privilege Cards (DD 1173) when 
applying for care. For other eligible persons passing through the United 
States on official business and those enumerated in paragraph (b) (2) 
and (3) of this section, orders or other official identification may be 
accepted in lieu of the DD 1173.
    (d) Disposition. When it becomes necessary to return individuals to 
their home country for medical reasons, make immediate notification to 
the

[[Page 325]]

NATO unit sponsoring the member or dependent's sponsor. Include all 
pertinent information regarding the physical and mental condition of the 
individual concerned. Following are details of agreements among the 
Armed Forces of NATO, CENTO, and SEATO Nations on procedures for 
disposition of allied country patients by DOD medical installations.
    (1) Transfer of patients. (i) The patient's medical welfare must be 
the paramount consideration. When deciding upon transfer of a patient, 
give due consideration to any increased medical hazard which the 
transfer might involve.
    (ii) Arrangements for disposition of patients should be capable of 
being implemented by existing organizations. Consequently, no new 
establishment should be required specially for dealing with the 
transferring of allied casualties.
    (iii) Transfer patients to their own national organization at the 
earliest practicable opportunity consistent with the observance of 
principles established in paragraph (d)(1) (i) and (ii) of this section 
and under any of the following conditions:
    (A) When a medical facility of their own nation is within reasonable 
proximity of the facility of the holding nation.
    (B) When the patient is determined to require hospitalization in 
excess of 30 days.
    (C) Where there is any question as to the ability of the patient to 
perform duty upon release from the MTF.
    (iv) The decision as to whether a patient, other than one requiring 
transfer under paragraph (d)(1)(iii) of this section, is fit for release 
from the MTF is the responsibility of the facility's commanding officer.
    (v) All clinical documents, to include x-rays, relating to the 
patient will accompany such patients on transfer to their own national 
organization.
    (vi) The decision of suitability for transfer and the arrangements 
for transfer will be the responsibility of the holding nation.
    (vii) Final transfer channels should be arranged by local liaison 
before actual movement.
    (viii) Patients not suitable for transfer to their own national 
organization must be dealt with for treatment and disposition purposes 
as patients of the holding nation until they are transferred, i.e., they 
will be dealt with in military hospitals, military medical 
installations, or in civilian hospitals that are part of the military 
medical evacuation system of the holding nation.
    (2) Classification of patients. Different channels for disposition 
will be required for the following two types of patients:
    (i) Patients not requiring admission. Patients not requiring 
admission to an MTF will be returned to their nearest national unit 
under arrangements to be made locally.
    (ii) Patients admitted to medical installations. All such patients 
will be dealth with per paragraph (d)(1) of this section.
    (e) Care authorized outside the 48 contiguous United States. Major 
overseas commanders may authorize care in naval MTFs subject to the 
availability of space, facilities, and the capabilities of the 
professional staff in emergency situations only, Provided, the required 
care cannot reasonably be obtained in medical facilities of the host 
country or in facilities of the patient's own country, or if such 
facilities are inadequate. Provide hospitalization only for acute 
medical and surgical conditions, exclusive of nervous, mental, or 
contagious diseases or those requiring domiciliary care. Administer 
dental treatment only as an adjunct to authorized inpatient care. Do not 
include dental prostheses or orthodontia.