View all text of Chapter 55 [§ 1071 - § 1110b]
§ 1073c. Administration of Defense Health Agency and military medical treatment facilities
(a)Administration of Military Medical Treatment Facilities.—
(1) In accordance with paragraph (5), by not later than September 30, 2021, the Director of the Defense Health Agency shall be responsible for the administration of each military medical treatment facility, including with respect to—
(A) provision and delivery of health care within each such facility;
(B) management of privileging, scope of practice, and quality of health care provided within each such facility;
(C) budgetary matters;
(D) information technology;
(E) health care administration and management;
(F) supply and equipment;
(G) administrative policy and procedure;
(H) military medical construction; and
(I) any other matters the Secretary of Defense determines appropriate.
(2) In addition to the responsibilities set forth in paragraph (1), the Director of the Defense Health Agency shall, commencing when the Director begins to exercise responsibilities under that paragraph, have the authority—
(A) to direct, control, and serve as the primary rater of the performance of commanders or directors of military medical treatment facilities;
(B) to direct and control any intermediary organizations between the Defense Health Agency and military medical treatment facilities;
(C) to determine the scope of medical care provided at each military medical treatment facility to meet the military personnel readiness requirements of the senior military operational commander of the military installation;
(D) to identify the capacity of each military medical treatment facility to support clinical readiness standards of health care providers established by the Secretary of a military department or the Assistant Secretary of Defense for Health Affairs;
(E) to determine total workforce requirements at each military medical treatment facility;
(F) to determine, in coordination with each Secretary of a military department, manning, including joint manning, assigned to military medical treatment facilities and intermediary organizations;
(G) to select, after considering nominations from the Secretaries of the military departments, commanders or directors of military medical treatment facilities;
(H) to address personnel staffing shortages at military medical treatment facilities; and
(I) to select among service nominations for commanders or directors of military medical treatment facilities.
(3) The military commander or director of each military medical treatment facility shall be responsible for—
(A) on behalf of the military departments, ensuring the readiness of the members of the armed forces at such facility; and
(B) on behalf of the Defense Health Agency, furnishing the health care and medical treatment provided at such facility.
(4) If the Secretary of Defense determines it appropriate, a military director (or any other senior military officer or officers) of a military medical treatment facility may be a commanding officer for purposes of chapter 47 of this title (the Uniform Code of Military Justice) with respect to military personnel assigned to the military medical treatment facility.
(5) The Secretary of Defense shall establish a timeline to ensure that each Secretary of a military department transitions the administration of military medical treatment facilities from such Secretary to the Director of the Defense Health Agency pursuant to paragraph (1) by the date specified in such paragraph.
(6) The Secretary of Defense shall establish within the Defense Health Agency a professional staff to provide policy, oversight, and direction to carry out paragraphs (1) and (2). The Secretary shall carry out this paragraph by appointing the positions specified in subsections (b) and (c).
(b)DHA Assistant Director.—
(1) There is in the Defense Health Agency an Assistant Director for Health Care Administration. The Assistant Director shall—
(A) be a career appointee within the Department; and
(B) report directly to the Director of the Defense Health Agency.
(2) The Assistant Director shall be appointed from among individuals who have the education and experience to perform the responsibilities of the position.
(3) The Assistant Director shall be responsible for the following:
(A) Establishing priorities for health care administration and management.
(B) Establishing policies, procedures, and direction for the provision of direct care at military medical treatment facilities.
(C) Establishing priorities for budgeting matters with respect to the provision of direct care at military medical treatment facilities.
(D) Establishing policies, procedures, and direction for clinic management and operations at military medical treatment facilities.
(E) Establishing priorities for information technology at and between the military medical treatment facilities.
(c)DHA Deputy Assistant Directors.—
(1)
(A) There is in the Defense Health Agency a Deputy Assistant Director for Information Operations.
(B) The Deputy Assistant Director for Information Operations shall be responsible for policies, management, and execution of information technology operations at and between the military medical treatment facilities.
(2)
(A) There is in the Defense Health Agency a Deputy Assistant Director for Financial Operations.
(B) The Deputy Assistant Director for Financial Operations shall be responsible for the policy, procedures, and direction of budgeting matters and financial management with respect to the provision of direct care at military medical treatment facilities.
(3)
(A) There is in the Defense Health Agency a Deputy Assistant Director for Health Care Operations.
(B) The Deputy Assistant Director for Health Care Operations shall be responsible for the policy, procedures, and direction of health care administration in the military medical treatment facilities.
(4)
(A) There is in the Defense Health Agency a Deputy Assistant Director for Medical Affairs.
(B) The Deputy Assistant Director for Medical Affairs shall be responsible for policy, procedures, and direction of clinical quality and process improvement, patient safety, infection control, graduate medical education, clinical integration, utilization review, risk management, patient experience, and civilian physician recruiting at military medical treatment facilities.
(5) Each Deputy Assistant Director appointed under paragraph (3) or (4) shall report directly to the Assistant Director for Health Care Administration.
(d)Certain Responsibilities of DHA Director.—
(1) In addition to the other duties of the Director of the Defense Health Agency, the Director shall coordinate with the Joint Staff Surgeon to ensure that the Director most effectively carries out the responsibilities of the Defense Health Agency as a combat support agency under section 193 of this title.
(2) The responsibilities of the Director shall include the following:
(A) Ensuring that the Defense Health Agency meets the operational needs of the commanders of the combatant commands.
(B) Coordinating with the military departments to ensure that the staffing at the military medical treatment facilities supports readiness requirements for members of the armed forces and health care personnel.
(C) Ensuring that the Defense Health Agency meets the military medical readiness requirements of the senior military operational commanders of the military installations.
(e)Additional DHA Organizations.—Not later than September 30, 2024, and subject to subsection (f), the Secretary of Defense shall, acting though the Director of the Defense Health Agency, establish within the Defense Health Agency the following:
(1) A subordinate organization, to be called the Defense Health Agency Research and Development—
(A) led, at the election of the Director, by a director or commander (to be called the Director or Commander of Defense Health Agency Research and Development);
(B)
(C) responsible for coordinating funding for Defense Health Program Research, Development, Test, and Evaluation, the Congressionally Directed Medical Research Program, and related Department of Defense medical research.
(2) A subordinate organization, to be called the Defense Health Agency Public Health—
(A) led, at the election of the Director, by a director or commander (to be called the Director or Commander of Defense Health Agency Public Health); and
(B) comprised of the Army Public Health Center, the Navy–Marine Corps Public Health Center, Air Force public health programs, and any other related defense health activities that the Secretary considers appropriate, including overseas laboratories focused on preventive medicine, environmental health, and similar matters.
(f)Exception to Establishment of Additional DHA Organizations.—At the discretion of the Secretary of Defense, a military department may retain a function that would otherwise be transferred to the Defense Health Agency under subsection (e) if the Secretary of Defense determines the function—
(1) addresses a need that is unique to the military department; and
(2) is in direct support of operating forces and necessary to execute strategies relating to national security and defense.
(g)Consultations on Medical Research of Military Departments.—In establishing the Defense Health Agency Research and Development pursuant to subsection (e)(1), and on a basis that is not less frequent than semiannually thereafter, the Secretary of Defense shall carry out recurring consultations with each military department regarding the plans and requirements for military medical research organizations and activities of the military department.
(h)1
1 So in original. There are two subsecs. (h).
Treatment of Department of Defense for Purposes of Personnel Assignment.—In implementing this section—(1) the Department of Defense shall be considered a single agency for purposes of civilian personnel assignment under title 5; and
(2) the Secretary of Defense may reassign any employee of a component of the Department of Defense or a military department in a position in the civil service (as defined in section 2101 of title 5) to any other component of the Department of Defense or military department.
(h)1 Rule of Construction Regarding Secretaries Concerned and Medical Evaluation Boards.—Nothing in this section shall be construed as transferring to the Director of the Defense Health Agency, or otherwise revoking, any authority or responsibility of the Secretary concerned under chapter 61 of this title with respect to a member of the armed forces (including with respect to the administration of morale and welfare and the determination of fitness for duty for the member) while the member is being considered by a medical evaluation board.
(i)Definitions.—In this section:
(1) The term “career appointee” has the meaning given that term in section 3132(a)(4) of title 5.
(2) The term “Defense Health Agency” means the Defense Agency established pursuant to Department of Defense Directive 5136.13, or such successor Defense Agency.
(3) The term “military medical treatment facility” means—
(A) any fixed facility of the Department of Defense that is outside of a deployed environment and used primarily for health care; and
(B) any other location used for purposes of providing health care services as designated by the Secretary of Defense.
(Added Pub. L. 114–328, div. A, title VII, § 702(a)(1), Dec. 23, 2016, 130 Stat. 2193; amended Pub. L. 115–91, div. A, title VII, § 713, title X, § 1081(a)(23), Dec. 12, 2017, 131 Stat. 1437, 1595; Pub. L. 115–232, div. A, title VII, § 711(a)(1), (2), (b)(1), Aug. 13, 2018, 132 Stat. 1806, 1807; Pub. L. 116–92, div. A, title VII, § 711, title XVII, § 1731(a)(22), Dec. 20, 2019, 133 Stat. 1441, 1813; Pub. L. 116–283, div. A, title X, § 1081(a)(24), Jan. 1, 2021, 134 Stat. 3872; Pub. L. 117–81, div. A, title VII, §§ 711, 712(a), Dec. 27, 2021, 135 Stat. 1783; Pub. L. 117–263, div. A, title VII, §§ 711(b), 720(c), Dec. 23, 2022, 136 Stat. 2656, 2663; Pub. L. 118–31, div. A, title VII, § 711(a), Dec. 22, 2023, 137 Stat. 301.)