115 STAT. 1160 PUBLIC LAW 107-107—DEC. 28, 2001 "(2) In the case of extended benefits provided under paragraph (3) or (4) of subsection (e) to a dependent of a member of the uniformed services— "(A) the Government's share of the total cost of providing such benefits in any month shall not exceed $2,500, except for costs that a member is exempt from paying under paragraph (3); and "(B) the member shall pay (in addition to any amount payable under paragraph (1)) the amount, if any, by which the amount of such total cost for the month exceeds the Government's maximum share under subparagraph (A). "(3) A member of the uniformed services who incurs expenses under paragraph (2) for a month for more than one dependent shall not be required to pay for the month under subparagraph (B) of that paragraph an amount greater than the amount the member would otherwise be required to pay under that subparagraph for the month if the member were incurring expenses under that subparagraph for only one dependent. "(4) To qualify for extended benefits under paragraph (3) or (4) of subsection (e), a dependent of a member of the uniformed services shall be required to use public facilities to the extent such facilities are available and adequate, as determined under joint regulations of the administering Secretaries. Regulations. "(5) The Secretary of Defense, in consultation with the other administering Secretaries, shall prescribe regulations to carry out this subsection.". (c) DEFINITIONS OF CUSTODIAL CARE AND DOMICILIARY CARE. — Section 1072 of title 10, United States Code, is amended by adding at the end the following new paragraphs: "(8) The term 'custodial care' means treatment or services, regardless of who recommends such treatment or services or where such treatment or services are provided, that— "(A) can be rendered safely and reasonably by a person who is not medically skilled; or "(B) is or are designed mainly to help the patient with the activities of daily living. "(9) The term 'domiciliary care' means care provided to a patient in an institution or homelike environment because— "(A) providing support for the activities of daily living in the home is not available or is unsuitable; or "(B) members of the patient's family are unwilling to provide the care.". 10 USC 1079 (d) CONTINUATION OF INDIVIDUAL CASE MANAGEMENT SERVICES note. FOR CERTAIN ELIGIBLE BENEFICIARIES.— (1) Notwithstanding the termination of the Individual Case Management Program by subsection (g), the Secretary of Defense shall, in any case in which the Secretary makes the determination described in paragraph (2), continue to provide payment as if such program were in effect for home health care or custodial care services provided to an eligible beneficiary that would otherwise be excluded from coverage under regulations implementing chapter 55 of title 10, United States Code. (2) The determination referred to in paragraph (1) is a determination that discontinuation of payment for services not otherwise provided under such chapter would result in the provision of services inadequate to meet the needs of the eligible beneficiary and would be unjust to such beneficiary.
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