While doing some research I came across this
information.
Floyd Sears
The 'shall', 'should', and 'may' words are modal verbs used to express different
degrees of certainty. The word 'shall' implies a mandatory statement, the word
'should' implies an advisory statement, and the word 'may' implies the right to
use discretion.
The "subject to the availability of space and facilities
and the capabilities of the medical and dental staff" words is found in 4 places
in the U.S. Code.
TITLE 10 - ARMED FORCES
Subtitle A - General Military Law
PART II - PERSONNEL
CHAPTER 55 - MEDICAL AND DENTAL CARE
Sec. 1076. Medical
and dental care for dependents: general rule
(a)(1) A dependent described in paragraph (2) is
entitled, upon request, to the medical and dental care prescribed by section
1077 of this title in facilities of the uniformed services,
subject to the availability of space and facilities and
the capabilities of the medical and dental staff.
Sec 1074. Medical and dental care for members and certain former members
(b) Under joint regulations to be prescribed by the
administering Secretaries, a member or former member of a uniformed service
who is entitled to retired or retainer pay, or equivalent pay
may, upon request, be given medical and dental
care in any facility of any uniformed service, subject
to the availability of space and facilities and the capabilities of the
medical and dental staff. The administering Secretaries may, with the
agreement of the Secretary of Veterans Affairs, provide care to persons
covered by this subsection in facilities operated by the Secretary of
Veterans Affairs and determined by him to be available for this purpose on a
reimbursable basis at rates approved by the President.
Sec. 1097. Contracts for medical care for retirees, dependents, and survivors:
alternative delivery of health care
(c) Coordination With Facilities of the Uniformed
Services. - The Secretary of Defense may provide for the coordination of health
care services provided pursuant to any contract or agreement under this section
with those services provided in medical treatment facilities of the uniformed
services. Subject to the availability
of space and facilities and the capabilities of the
medical or dental staff, the
Secretary may not deny access to facilities of the uniformed services to a
covered beneficiary on the basis of whether the beneficiary enrolled or declined
enrollment in any program established under, or operating in connection with,
any contract under this section. Notwithstanding the preferences established by
sections 1074(b) and 1076 of this title, the Secretary shall, as an incentive
for enrollment, establish reasonable preferences for services in facilities of
the uniformed services for covered beneficiaries enrolled in any program
established under, or operating in connection with, any contract under this
section.
Sec. 1216. Secretaries: powers, functions, and duties
Sec. 5. All duties, powers, and functions incident to
the hospitalization of members or former members of the uniformed services
placed on the temporary disability retired list or permanently retired for
physical disability or receiving disability retirement pay who require
hospitalization for chronic diseases shall be vested in the Administrator of
Veterans' Affairs: Provided, that all the duties, powers, and functions
incident to hospitalization for such members or former members who elect to
receive hospitalization in uniformed services facilities shall,
subject to the availability of space and facilities
and the capabilities of the medical and dental staff, be vested in
the Secretary concerned: And provided further, that for the purpose of this
order, the term "chronic disease" shall be construed to include arthritis,
malignancy, psychiatric or neuropsychiatric disorder, neurological
disabilities, poliomyelitis with disability residuals and degenerative
diseases of the nervous system, severe injuries to the nervous system
including quadriplegics, hemiplegics, and paraplegics, tuberculosis,
blindness and deafness requiring definitive rehabilitation, major amputees,
and such other diseases as may be so defined jointly by the Secretary of
Defense, the Administrator of Veterans' Affairs, and the Federal Security
Administrator and so described in appropriate regulations of the respective
departments and agencies concerned. Executive Order No. 9703 of March 12,
1946, prescribing regulations relating to the medical care of certain
personnel of the Coast Guard, National Oceanic and Atmospheric
Administration (formerly Coast and Geodetic Survey), Public Health Service,
and the former Lighthouse Service, is hereby amended to the extent necessary
to conform to the provisions of this section.
SPONSORED LINKS