50 U.S.C. § 4024 — Health insurance reinstatement
submitted 86 years ago by Pub. L. 108-189 to r/title-50-WAR-AND-NATIONAL-DEFENSE · 393 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
A servicemember* who, by reason of military service* as defined in section 4023(a)(1) of this title, is entitled to the rights and protections of this chapter shall also be entitled upon termination or release from such service to reinstatement of any health insurance that—
was in effect on the day before such service commenced; and
was terminated effective on a date during the period of such service.
The reinstatement of health care insurance coverage for the health or physical condition of a servicemember described in subsection (a), or any other person who is covered by the insurance by reason of the coverage of the servicemember, shall not be subject to an exclusion or a waiting period, if—
the condition arose before or during the period of such service;
an exclusion or a waiting period would not have been imposed for the condition during the period of coverage; and
in a case in which the condition relates to the servicemember, the condition has not been determined by the Secretary of Veterans Affairs to be a disability incurred or aggravated in the line of duty (within the meaning of section 105 of title 38).
Subsection (a) does not apply to a servicemember entitled to participate in employer-offered insurance benefits pursuant to the provisions of chapter 43 of title 38.
An application under this section must be filed not later than 120 days after the date of the termination of or release from military service.
The amount of the premium for health insurance coverage that was terminated by a servicemember and required to be reinstated under subsection (a) may not be increased, for the balance of the period for which coverage would have been continued had the coverage not been terminated, to an amount greater than the amount chargeable for such coverage before the termination.
Paragraph (1) does not prevent an increase in premium to the extent of any general increase in the premiums charged by the carrier of the health care insurance for the same health insurance coverage for persons similarly covered by such insurance during the period between the termination and the reinstatement.
Source credit: (Oct. 17, 1940, ch. 888, title VII, § 704, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2864; amended Pub. L. 109–233, title III, § 302, June 15, 2006, 120 Stat. 406.)
- 1940Enacted · Pub. L. 108-189 · 117 Stat. 2864
- 2006Amended · Pub. L. 109-233 · 120 Stat. 406
A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-189 on 1940-10-17.
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