Certain former spouses: extension of period of eligibility for health benefits
(a)
Availability of Conversion Health Policies .—
section 1072(2)(H) of this titleThe Secretary of Defense shall inform each person who has been a dependent for a period of one year or more under of the availability of a conversion health policy for purchase by the person. A conversion health policy offered under this subsection shall provide coverage for not less than a 24-month period.
(b)
Effect of Purchase .—
(1)
section 1072(2)(H) of this titlesection 1076 of this titlesection 1086 of this title Subject to paragraph (2), if a person who is a dependent for a one-year period under purchases a conversion health policy within that period (or within a reasonable time after that period as prescribed by the Secretary of Defense), the person shall continue to be eligible for medical and dental care in the manner described in and health benefits under until the end of the 24-month period beginning on the later of—
The extended period of eligibility provided under paragraph (1) shall apply only with regard to a condition of the person that—
(A)
exists on the date on which coverage under the conversion health policy begins; and
(B)
for which care is not provided under the policy solely on the grounds that the condition is a preexisting condition.
(c)
Effect of Unavailability of Policies .—
(1)
section 8905a(d)(1)(A) of title 5 If the Secretary of Defense is unable, within a reasonable time, to enter into a contract with a private insurer to offer conversion health policies under subsection (a) at a rate not to exceed the payment required under for comparable coverage, the Secretary shall provide the coverage required under such a policy through the Civilian Health and Medical Program of the Uniformed Services. Subject to paragraph (2), a person receiving coverage under this subsection shall be required to pay into the Military Health Care Account or other appropriate account an amount equal to the sum of—
(A)
section 1079 of this title the individual and Government contributions which would be required in the case of a person enrolled in a health benefits plan contracted for under ; and
(B)
an amount necessary for administrative expenses, but not to exceed two percent of the amount under subparagraph (A).
(2)
section 8905a(d)(1)(A) of title 5 The amount paid by a person who purchases a conversion health policy from the Secretary of Defense under paragraph (1) may not exceed the payment required under for comparable coverage.
(3)
In order to reduce premiums required under paragraph (1), the Secretary of Defense may offer a program of coverage that, with respect to mental health services, offers reduced coverage and increased cost-sharing by the purchaser.
(d)
Conversion Health Policy Defined .—
section 1072(2)(H) of this titleIn this section, the term “conversion health policy” means a health insurance policy with a private insurer, developed through negotiations between the Secretary of Defense and the private insurer, that is available for purchase by or for the use of a person who is a dependent for a one-year period under .
Pub. L. 102–484, § 4407(b)(1)1992—Subsec. (a). , inserted at end “A conversion health policy offered under this subsection shall provide coverage for not less than a 24-month period.”
Pub. L. 102–484, § 4407(b)(2)Pub. L. 103–35Subsec. (b)(1). , as amended by , substituted “24-month period” for “one-year period” the second place appearing in the introductory provisions of par. (1).
Pub. L. 102–484, § 4407(b)(3)Subsecs. (c), (d). , (4), added subsec. (c) and redesignated former subsec. (c) as (d).
10 U.S.C. 1072(2)(H)section 731(d) of Pub. L. 101–189section 1072 of this titleSection applicable to a person referred to in whose decree of divorce, dissolution, or annulment becomes final on or after , and to a person so referred to whose decree became final during the period from to , as if section had become effective on , see , set out as an Effective Date of 1989 Amendment note under .
Pub. L. 102–484Application of Amendments by to Existing Contracts
“In the case of conversion health policies provided under section 1145(b) or 1086a(a) of title 10, United States Code, and in effect on the date of the enactment of this Act [], the Secretary of Defense shall—“(1)
section 1145 of this title arrange with the private insurer providing these policies to extend the term of the policies (and coverage of preexisting conditions) as provided by the amendments made by this section [amending this section and ]; or
“(2)
make other arrangements to implement the amendments made by this section with respect to these policies.”
, , , provided that:
Termination of Applicability of Other Conversion Health Policies
No person may purchase a conversion health policy under section 1145(b) or 1086a of title 10, United States Code, on or after . A person covered by such a conversion health policy on that date may cancel that policy and enroll in a health benefits plan under section 1078a of such title.
“(2)
No person may be covered concurrently by a conversion health policy under section 1145(b) or 1086a of such title and a health benefits plan under section 1078a of such title.”