[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: 32CFR728.83]

[Page 346-347]
 
                       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 G_Other Persons
 
Sec. 728.83  Persons in military custody and nonmilitary Federal 
prisoners.

    (a) Potential beneficiaries.
    (1) Military prisoners.
    (2) Nonmilitary Federal prisoners.
    (3) Enemy prisoners of war and other detained personnel.
    (b) Care authorized--(1) Military prisoners. (i) Whose punitive 
discharges have been executed but whose sentences have not expired are 
authorized all necessary medical and dental care.
    (ii) Whose punitive discharges have been executed and who require 
hospitalization beyond expiration of sentences are not eligible for care 
but may be hospitalized as civilian humanitarian nonindigents until 
final disposition can be made to some other appropriate facility.
    (iii) On parole pending completion of appellate review or whose 
parole changes to an excess leave status following completion of 
sentence to confinement while on parole are members of the military 
service and as such are authorized care as outlined in subpart B.

[[Page 347]]

    (iv) On parole whose punitive discharge has been executed are not 
members of the military service and are therefore not entitled to care 
at Government expense. If the circumstances are exceptional, individuals 
herein who are not authorized care may request Secretarial designee 
status under the provisions of Sec. 728.77.
    (2) Nonmilitary Federal prisoners. Under the provisions of this 
section, nonmilitary Federal prisoners are authorized only emergency 
medical care. When such care is being rendered, the institution to which 
prisoners are sentenced must furnish necessary guards to effectively 
maintain custody of prisoners and assure the safety of other patients, 
staff members, and residents of the local area. Under no circumstances 
will military personnel be voluntarily used to guard or control such 
prisoners. Upon completion of emergency care, make arrangements for 
immediate transfer of the prisoners to a nonmilitary MTF or for return 
to the facility to which sentenced.
    (3) Enemy prisoners of war and other detained personnel. Subject to 
the provisions of Sec. 728.3, enemy prisoners of war and other detained 
personnel are entitled to and may be rendered all necessary medical and 
dental care.
    (c) Charges and collection. Care provided individuals enumerated in 
Sec. 728.83(b)(1) (ii), (iv), and (2) is on a reimbursable basis. 
Complete and submit, per subpart J, a DD 7 (Report of Treatment 
Furnished Pay Patients, Hospitalization Furnished, part A) or DD 7A 
(Report of Treatment Furnished Pay Patients, Outpatient Treatment, part 
B) when outpatient or inpatient care is rendered.