(a) This section describes the benefits for MOH recipients and their dependents who are authorized pursuant to section 706 of Public Law 106-398, ``National Defense Authorization Act for Fiscal Year 2001'' and who are not otherwise entitled to military medical and dental care. Section 706 of Public Law 106-398 authorized MOH recipients not otherwise entitled to military medical and dental care and their dependents to be given care in the same manner that such care is provided to former uniformed service members who are entitled to military retired pay and the dependents of those former members. Eligibility for the benefits described in Table 13 to part 161 begins on the date of award of the MOH but no earlier than October 30, 2000.
Table 13 to Part 161--Benefits for MOH Recipients and Dependents--------------------------------------------------------------------------------------------------------------------------------------------------------
CHC DC C MWR E--------------------------------------------------------------------------------------------------------------------------------------------------------Self.............................. 1..................... 2..................... Yes................... Yes.................. Yes.Lawful Spouse..................... 1..................... 2..................... Yes................... Yes.................. Yes.Children, Unmarried, Under 21
Years:
Legitimate, adopted, 1..................... 2..................... 3..................... 4.................... 4.
stepchild, illegitimate child
of record of female member,
or illegitimate child of male
member whose paternity has
been judicially determined or
voluntarily acknowledged.
Ward.......................... 1, 5.................. 2, 5.................. 5..................... 5.................... 5.
Pre-adoptive Child............ 1, 6.................. 2, 6.................. 6..................... 6.................... 6.
Foster Child.................. No.................... No.................... 3..................... 3.................... 3.Children, Unmarried, 21 Years and 1, 7.................. 2, 7.................. 3, 7.................. 7.................... 7.
Over.Father, Mother, Father-in-Law, No.................... 2, 3.................. 3..................... 4.................... 4.
Mother-in-Law, Stepparent, or
Parent by Adoption.--------------------------------------------------------------------------------------------------------------------------------------------------------Notes:1. Yes, if the sponsor is a MOH recipient and is not otherwise entitled to medical care as of or after October 30, 2000 pursuant to section 706 of
Public Law 106-398 and:a. Is not entitled to Medicare Part A hospital insurance through the SSA orb. Is entitled to Medicare Part A hospital insurance and enrolled in Medicare Part B medical insurance or qualified as an exception in accordance with
section 706 of Public Law 111-84.2. Yes, if the sponsor is a MOH recipient and is not otherwise entitled to medical care as of or after October 30, 2000 pursuant to section 706 of
Public Law 106-398.3. Yes, if a member of a household maintained by or for an authorized sponsor and dependent on that sponsor for over 50 percent of his or her support.
Children residing in the household of a separated spouse continue to be eligible for commissary privileges until there is a final divorce decree. In
the case of a divorce, children residing in the household of a former spouse ARE NOT considered to be members of the authorized sponsor's household
for commissary privileges. Exception: Children who reside with a former spouse meeting requirements for commissary privileges based on 20 years of
marriage during a period the member or retired member performed 20 years of service, or the dependent is entitled to privileges as a result of sponsor
abuse pursuant to 10 U.S.C. 1408.4. Yes, if dependent on an authorized sponsor for over 50 percent of his or her support or children of a sponsor residing in the household of a former
spouse (20-20-20 or 10-20-10).5. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member or former member as a result of a
court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months; and:a. Is dependent on the member for over 50 percent support.b. Resides with the member or former member unless separated by the necessity of military service or to receive institutional care as a result of a
disability or incapacitation or under such other circumstances as the administering Secretary may, by regulation, prescribe.6. Yes, if, for determinations of dependency made on or after October 5, 1994, placed in the home of the member or former member by a placement agency
(recognized by the Secretary of Defense) or by another source authorized by State or local law to provide adoption placement, in anticipation of the
legal adoption by the member or former member.7. Yes, if the child:a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering
Secretary, and is dependent on the former member for over 50 percent of the child's support orb. Is incapable of self-support because of a mental or physical incapacity that existed before age 21, or occurred before the age of 23 while a full-
time student, while a dependent of a member or former member, and is dependent on the member or former member for over 50 percent of the child's
support.