10 U.S.C. § 1145 | Health benefits

(a)

Transitional Health Care .—

(1)

For the time period described in paragraph (4), a member of the armed forces who is separated from active service as described in paragraph (2) (and the dependents of the member) shall be entitled to receive—

(A)

section 1076 of this title except as provided in paragraph (3), medical and dental care under in the same manner as a dependent described in subsection (a)(2) of such section; and

(B)

section 1079(a) of this title health benefits contracted under the authority of and subject to the same rates and conditions as apply to persons covered under that section.

(2)

This subsection applies to the following members of the armed forces:

(A)

A member who is involuntarily separated from active duty.

(B)

section 12304b of this title section 101(a)(13)(B) of this title A member of a reserve component who is separated from active duty to which called or ordered under or a provision of law referred to in if the active duty is active duty for a period of more than 30 days.

(C)

section 12305 of this title A member who is separated from active duty for which the member is involuntarily retained under in support of a contingency operation.

(D)

A member who is separated from active duty served pursuant to a voluntary agreement of the member to remain on active duty for a period of less than one year in support of a contingency operation.

(E)

section 1174(i) of this title A member who receives a sole survivorship discharge (as defined in ).

(F)

A member who is separated from active duty who agrees to become a member of the Selected Reserve of the Ready Reserve of a reserve component.

(G)

section 502(f) of title 32 A member of the National Guard who is separated from full-time National Guard Duty to which called or ordered under for a period of active service of more than 30 days to perform duties that are authorized by the President or the Secretary of Defense for the purpose of responding to a national emergency declared by Congress or the President and supported by Federal funds.

(3)

section 1074 of this title In the case of a member described in subparagraph (B) or (G) of paragraph (2), the dental care to which the member is entitled under this subsection shall be the dental care to which a member of the uniformed services on active duty for more than 30 days is entitled under .

(4)

Except as provided in paragraph (7), transitional health care for a member under subsection (a) shall be available for 180 days beginning on the date on which the member is separated from active service. For purposes of the preceding sentence, in the case of a member on active service as described in subparagraph (B), (C), (D), or (G) of paragraph (2) who, without a break in service, is extended on active service for any reason, the 180-day period shall begin on the date on which the member is separated from such extended active service.

(5)

(A)

section 1074n of this title Except as provided in subparagraph (D), the Secretary concerned shall require a member of the armed forces scheduled to be separated from active service as described in paragraph (2) to undergo a physical examination and a mental health assessment conducted pursuant to immediately before that separation. The physical examination shall be conducted in accordance with regulations prescribed by the Secretary of Defense.

(B)

Notwithstanding subparagraph (A), if a member of the armed forces scheduled to be separated from active service as described in paragraph (2) has otherwise undergone a physical examination within 12 months before the scheduled date of separation from active service, the requirement for a physical examination under subparagraph (A) may be waived in accordance with regulations prescribed under this paragraph. Such regulations shall require that such a waiver may be granted only with the consent of the member and with the concurrence of the member’s unit commander.

(C)

The Secretary concerned shall ensure that each physical examination of a member under subparagraph (A) includes an assessment of whether the member was—

(i)

Public Law 112–260 38 U.S.C. 527 based or stationed at a location where an open burn pit, as defined in subsection (c) of section 201 of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (; note), was used; or

(ii)

exposed to toxic airborne chemicals or other airborne contaminants, including any information recorded as part of the registry established by the Secretary of Veterans Affairs under such section 201.

(D)

The requirement for a physical examination and mental health assessment under subparagraph (A) shall not apply with respect to a member of a reserve component described in paragraph (2)(B) unless the member is retiring, or being discharged or dismissed, from the armed forces.

(6)

(A)

The Secretary of Defense shall, in consultation with the Secretary of Veterans Affairs, ensure that appropriate actions are taken to assist a member of the armed forces who, as a result of a medical examination under paragraph (5), receives an indication for a referral for follow up treatment from the health care provider who performs the examination.

(B)

Assistance provided to a member under paragraph (1) shall include the following:

(i)

Information regarding, and any appropriate referral for, the care, treatment, and other services that the Secretary of Veterans Affairs may provide to such member under any other provision of law, including—

(I)

clinical services, including counseling and treatment for post-traumatic stress disorder and other mental health conditions; and

(II)

any other care, treatment, and services.

(ii)

Information on the private sector sources of treatment that are available to the member in the member’s community.

(iii)

Assistance to enroll in the health care system of the Department of Veterans Affairs for health care benefits for which the member is eligible under laws administered by the Secretary of Veterans Affairs.

(7)

(A)

A member who has a medical condition relating to active service that warrants further medical care that has been identified during the member’s 180-day transition period, which condition can be resolved within 180 days as determined by a Department of Defense physician, shall be entitled to receive medical and dental care for that medical condition, and that medical condition only, as if the member were a member of the armed forces on active service for 180 days following the diagnosis of the condition.

(B)

The Secretary concerned shall ensure that the Defense Enrollment and Eligibility Reporting System (DEERS) is continually updated in order to reflect the continuing entitlement of members covered by subparagraph (A) to the medical and dental care referred to in that subparagraph.

(b)

Conversion Health Policies .—

(1)

The Secretary of Defense shall inform each member referred to in subsection (a) before the date of the member’s discharge or release from active service of the availability for purchase by the member of a conversion health policy for the member and the dependents of that member. A conversion health policy offered under this paragraph shall provide coverage for not less than an 18-month period.

(2)

If a member referred to in subsection (a) purchases a conversion health policy during the period applicable to the member (or within a reasonable time after that period as prescribed by the Secretary of Defense), the Secretary shall provide health care, or pay the costs of health care provided, to the member and the dependents of the member—

(A)

during the 18-month period beginning on the date on which coverage under the conversion health policy begins; and

(B)

for a condition (including pregnancy) that exists on such date and for which care is not provided under the policy solely on the grounds that the condition is a preexisting condition.

(3)

The Secretary of Defense may arrange for the provision of health care described in paragraph (2) through a contract with the insurer offering the conversion health policy.

(4)

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 provide the conversion health policy required under paragraph (1) at a rate not to exceed the payment required under for comparable coverage, the Secretary shall offer such a policy under the Civilian Health and Medical Program of the Uniformed Services. Subject to paragraph (5), a member purchasing a policy from the Secretary 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).

(5)

section 8905a(d)(1)(A) of title 5 The amount paid by a member who purchases a conversion health policy from the Secretary of Defense under paragraph (4) may not exceed the payment required under for comparable coverage.

(6)

In order to reduce premiums required under paragraph (4), the Secretary of Defense may offer a conversion health policy that, with respect to mental health services, offers reduced coverage and increased cost-sharing by the purchaser.

(c)

Health Care For Certain Separated Members Not Otherwise Eligible .—

(1)

Consistent with the authority of the Secretary concerned to designate certain classes of persons as eligible to receive health care at a military medical facility, the Secretary concerned should consider authorizing, on an individual basis in cases of hardship, the provision of that care for a member who is separated from the armed forces, and is ineligible for transitional health care under subsection (a) or does not obtain a conversion health policy (or a dependent of the member).

(2)

The Secretary concerned shall give special consideration to requests for such care in cases in which the condition for which treatment is required was incurred or aggravated by the member or the dependent before the date of the separation of the member, particularly if the condition is a result of the particular circumstances of the service of the member.

(d)

Physical Examinations for Certain Members of a Reserve Component .—

(1)

The Secretary concerned shall provide a physical examination pursuant to subsection (a)(5) to each member of a reserve component who—

(A)

during the two-year period before the date on which the member is scheduled to be separated from the armed forces served on active service in support of a contingency operation for a period of more than 30 days;

(B)

will not otherwise receive such an examination under such subsection; and

(C)

elects to receive such a physical examination.

(2)

The Secretary concerned shall—

(A)

provide the physical examination under paragraph (1) to a member during the 90-day period before the date on which the member is scheduled to be separated from the armed forces; and

(B)

issue orders to such a member to receive such physical examination.

(3)

A member may not be entitled to health care benefits pursuant to subsection (a), (b), or (c) solely by reason of being provided a physical examination under paragraph (1).

(4)

In providing to a member a physical examination under paragraph (1), the Secretary concerned shall provide to the member a record of the physical examination.

(e)

Definition .—

In 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 a private insurer, that is available for purchase by or for the use of a person who is no longer a member of the armed forces or a covered beneficiary.

(f)

Coast Guard .—

The Secretary of Homeland Security shall implement this section for the members of the Coast Guard and their dependents when the Coast Guard is not operating as a service in the Navy.

Editorial Notes

Amendments

Pub. L. 117–263, § 702(b)(1)(A)2022—Subsec. (a)(1). , substituted “active service” for “active duty” in introductory provisions.

Pub. L. 117–263, § 702(a)Subsec. (a)(2)(G). , added subpar. (G).

Pub. L. 117–263, § 702(b)(1)(B)Subsec. (a)(3). , substituted “subparagraph (B) or (G) of paragraph (2)” for “paragraph (2)(B)”.

Pub. L. 117–263, § 702(b)(1)(C)Subsec. (a)(4). , substituted “active service” for “active duty” wherever appearing and “(D), or (G)” for “or (D)”.

Pub. L. 117–263, § 702(b)(1)(D)Subsec. (a)(5)(A), (B). , substituted “active service” for “active duty” wherever appearing.

Pub. L. 117–263, § 702(b)(1)(E)Subsec. (a)(7)(A). , substituted “active service” for “service on active duty” and “active service for” for “active duty for”.

Pub. L. 117–263, § 702(b)(2)Subsec. (b)(1). , substituted “active service” for “active duty”.

Pub. L. 117–263, § 702(b)(3)Subsec. (d)(1)(A). , substituted “active service” for “active duty”.

Pub. L. 117–81, § 717(1)2021—Subsec. (a)(5)(A). , substituted “Except as provided in subparagraph (D), the Secretary” for “The Secretary”.

Pub. L. 117–81, § 717(2)Subsec. (a)(5)(D). , added subpar. (D).

Pub. L. 116–922019—Subsec. (a)(5)(C). added subpar. (C).

Pub. L. 115–91, § 511(b)section 12304b of this title section 101(a)(13)(B) of this title2017—Subsec. (a)(2)(B). , substituted “under or a provision of law referred to in ” for “in support of a contingency operation”.

Pub. L. 115–91, § 706(a)section 1074n of this titleSubsec. (a)(5)(A). , inserted “and a mental health assessment conducted pursuant to ” after “a physical examination”.

Pub. L. 115–91, § 705Subsecs. (d) to (f). , added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively.

Pub. L. 112–2392013—Subsec. (e). inserted “when the Coast Guard is not operating as a service in the Navy” before period at end.

Pub. L. 112–812011—Subsec. (a)(4). inserted at end “For purposes of the preceding sentence, in the case of a member on active duty as described in subparagraph (B), (C), or (D) of paragraph (2) who, without a break in service, is extended on active duty for any reason, the 180-day period shall begin on the date on which the member is separated from such extended active duty.”

Pub. L. 111–84, § 703(1)(A)2009—Subsec. (a)(1). , substituted “paragraph (4)” for “paragraph (3)” in introductory provisions.

Pub. L. 111–84, § 703(1)(B)Subsec. (a)(1)(A). , inserted “except as provided in paragraph (3),” before “medical and dental care”.

Pub. L. 111–84, § 703(2)Subsec. (a)(3) to (7). –(5), added par. (3), redesignated former pars. (3) to (6) as (4) to (7), respectively, in par. (4) substituted “paragraph (7)” for “paragraph (6)”, and in par. (6)(A) substituted “paragraph (5)” for “paragraph (4)”.

Pub. L. 110–3172008—Subsec. (a)(2)(E). added subpar. (E).

Pub. L. 110–417Subsec. (a)(2)(F). added subpar. (F).

Pub. L. 110–181, § 1637(1)Subsec. (a)(3). , substituted “Except as provided in paragraph (6), transitional health care” for “Transitional health care”.

Pub. L. 110–181, § 1637(2)Subsec. (a)(6). , added par. (6).

Pub. L. 109–1632006—Subsec. (a)(5). added par. (5).

Pub. L. 108–375, § 706(a)(3)2004—Subsec. (a)(1). , struck out “applicable” before “time period” in introductory provisions.

Pub. L. 108–375, § 706(a)(1)Subsec. (a)(3). , amended par. (3) generally. Prior to amendment, par. (3) read as follows: “Transitional health care shall be available under subsection (a) for a specified time period beginning on the date on which the member is separated as follows:

“(A) For members separated with less than six years of active service, 60 days.

“(B) For members separated with six or more years of active service, 120 days.”

Pub. L. 108–375, § 706(b)Subsec. (a)(4). , added par. (4).

Pub. L. 107–314, § 706(a)Pub. L. 107–107, § 736(a)(1)2002—Subsec. (a)(1). , amended . See 2001 Amendment note below.

Pub. L. 107–314, § 706(b)Pub. L. 107–107, § 736(b)(2)Subsec. (e). , amended . See 2001 Amendment note below.

Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.

Pub. L. 107–107, § 736(a)(1)Pub. L. 107–314, § 706(a)October 1, 1990December 31, 20012001—Subsec. (a)(1). , as amended by , in introductory provisions, substituted “paragraph (3), a member of the armed forces who is separated from active duty as described in paragraph (2) (and the dependents of the member)” for “paragraph (2), a member of the armed forces who is involuntarily separated from active duty during the period beginning on , and ending on (and the dependents of the member),”.

Pub. L. 107–107, § 736(a)(3)Subsec. (a)(2). , added par. (2). Former par. (2) redesignated (3).

Pub. L. 107–107, § 736(a)(2)Subsec. (a)(3). , (4), redesignated par. (2) as (3) and struck out “involuntarily” before “separated” wherever appearing.

Pub. L. 107–107, § 736(b)(1)October 1, 1990December 31, 2001Subsec. (c)(1). , struck out “during the period beginning on , and ending on ” after “armed forces”.

Pub. L. 107–107, § 736(b)(2)Pub. L. 107–314, § 706(b)October 1, 1994December 31, 2001Subsec. (e). , as amended by , substituted “the members of the Coast Guard and their dependents” for “the Coast Guard” in second sentence and struck out first sentence which read as follows: “The provisions of this section shall apply to members of the Coast Guard (and their dependents) involuntarily separated from active duty during the period beginning on , and ending on .”

Pub. L. 106–398December 31, 2001September 30, 20012000—Subsecs. (a)(1), (c)(1), (e). substituted “” for “”.

Pub. L. 105–261, § 561(h)(1)October 1, 1990September 30, 2001October 1, 19901998—Subsecs. (a)(1), (c)(1). , substituted “during the period beginning on , and ending on ” for “during the nine-year period beginning on ”.

Pub. L. 105–261, § 561(h)(2)October 1, 1994September 30, 2001October 1, 1994Subsec. (e). , substituted “during the period beginning on , and ending on ” for “during the five-year period beginning on ”.

Pub. L. 103–3371994—Subsec. (e). added subsec. (e).

Pub. L. 103–1601993—Subsecs. (a)(1), (c)(1). substituted “nine-year period” for “five-year period”.

Pub. L. 102–484, § 4407(a)(1)1992—Subsec. (b)(1). , inserted at end “A conversion health policy offered under this paragraph shall provide coverage for not less than an 18-month period.”

Pub. L. 102–484, § 4407(a)(2)Subsec. (b)(2)(A). , substituted “18-month period” for “one-year period”.

Pub. L. 102–484, § 4407(a)(3)Subsec. (b)(4) to (6). , added pars. (4) to (6).

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–417Oct. 14, 2008122 Stat. 4513

section 1145(a)(2) of title 10Oct. 14, 2008“Subparagraph (F) of , United States Code, as added by subsection (a), shall apply with respect to members of the Armed Forces separated from active duty after the date of the enactment of this Act [].”

, [div. A], title VII, § 734(b), , , provided that:

Pub. L. 110–317Aug. 29, 2008section 10 of Pub. L. 110–317 section 2108 of Title 5Amendment by applicable with respect to any sole survivorship discharge granted after , see , set out as a note under , Government Organization and Employees.

Effective Date of 2002 Amendment

Pub. L. 107–314, div. A, title VII, § 706(c)Dec. 2, 2002116 Stat. 2585

December 28, 2001Pub. L. 107–107“The amendments made by this section [amending this section] shall take effect as of , and as if included in the National Defense Authorization Act for Fiscal Year 2002 [] as enacted.”

, , , provided that:

Pub. L. 107–296 section 1704(g) of Pub. L. 107–296 section 101 of this titleAmendment by effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see , set out as a note under .

Effective Date of 1994 Amendment

Pub. L. 103–337Sept. 30, 1994section 542(e) of Pub. L. 103–337 section 1141 of this titleAmendment by applicable only to members of the Coast Guard who are separated after , see , set out as a note under .

Transitional Health Benefits for Certain Members of the National Guard Serving Under Orders in Response to the Coronavirus (COVID–19)

Pub. L. 116–283, div. A, title VII, § 733Jan. 1, 2021134 Stat. 3702

“(a)

In General .—

section 502(f) of title 32 section 1145 of title 10The Secretary of Defense shall provide to a member of the National Guard separating from active service after serving on full-time National Guard duty pursuant to , United States Code, the health benefits authorized under , United States Code, for a member of a reserve component separating from active duty, as referred to in subsection (a)(2)(B) of such section 1145, if the active service from which the member of the National Guard is separating was in support of the whole of government response to the coronavirus (COVID–19).

“(b)

Definitions .—

section 101(d) of title 10In this section, the terms ‘active duty’, ‘active service’, and ‘full-time National Guard duty’ have the meanings given those terms in , United States Code.”

, , , provided that:

Mental Health Care Treatment Through Telemedicine

Pub. L. 113–66, div. A, title VII, § 702Dec. 26, 2013127 Stat. 790

“(a)

Provision of Mental Health Care Via Telemedicine.—

“(1)

In general .—

In carrying out the Transitional Assistance Management Program, the Secretary of Defense may extend the coverage of such program for covered individuals for an additional 180 days for mental health care provided through telemedicine.

“(2)

Report .—

If the Secretary extends coverage under paragraph (1), by not later than one year after the date of carrying out such extension, the Secretary shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report that includes the following:

“(A)

The rate at which individuals are using the extended coverage provided pursuant to paragraph (1).

“(B)

A description of the mental health care provided pursuant to such subsection.

“(C)

An analysis of how the Secretary and the Secretary of Veterans Affairs coordinate the continuation of care with respect to veterans who are no longer eligible for the Transitional Assistance Management Program.

“(D)

Any other factors the Secretary of Defense determines necessary with respect to extending coverage of the Transitional Assistance Management Program.

“(3)

Termination .—

December 31, 2018The authority of the Secretary to carry out subsection (a) shall terminate on .

“(b)

Report on Use of Telemedicine.—

“(1)

In general .—

Dec. 26, 2013Not later than 270 days after the date of the enactment of this Act [], the Secretary shall submit to the congressional defense committees a report on the use of telemedicine to improve the diagnosis and treatment of post-traumatic stress disorder, traumatic brain injuries, and mental health conditions.

“(2)

Elements .—

The report under paragraph (1) shall address the following:

“(A)

The current status, as of the date of the report, of telemedicine initiatives within the Department of Defense to diagnose and treat post-traumatic stress disorder, traumatic brain injuries, and mental health conditions.

“(B)

Plans for integrating telemedicine into the military health care system, including in health care delivery, records management, medical education, public health, and private sector partnerships.

“(C)

The status of the integration of the telemedicine initiatives of the Department with the telemedicine initiatives of the Department of Veterans Affairs.

“(D)

A description and assessment of challenges to the use of telemedicine as a means of in-home treatment, outreach in rural areas, and in settings that provide group treatment or therapy in connection with treatment of post-traumatic stress disorder, traumatic brain injuries, and mental health conditions, and a description and assessment of efforts to address such challenges.

“(E)

A description of privacy issues related to the use of telemedicine for the treatment of post-traumatic stress disorder, traumatic brain injuries, and mental health conditions, and recommendations for mechanisms to remedy any privacy concerns relating to such use of telemedicine.

“(F)

A description of professional licensing issues with respect to licensed medical providers who provide treatment using telemedicine.

“(c)

Definitions .—

In this section:

“(1)

The term ‘covered individual’ means an individual who—

“(A)

during the initial 180-day period of being enrolled in the Transitional Assistance Management Program, received any mental health care; or

“(B)

during the one-year period preceding separation or discharge from the Armed Forces, received any mental health care.

“(2)

The term ‘telemedicine’ means the use by a health care provider of telecommunications to assist in the diagnosis or treatment of a patient’s medical condition.”

, , , provided that:

Temporary Extension of Transitional Health Care Benefits

Pub. L. 108–136, div. A, title VII, § 704Nov. 24, 2003117 Stat. 1527 Nov. 24, 2003Dec. 31, 2004Pub. L. 108–375, div. A, title VII, § 706(a)(2)(A)Oct. 28, 2004118 Stat. 1983 , , , which provided during the period beginning on , and ending on , for the extension of transitional health care benefits to 180 days for members separated from active duty, was repealed by , , .

Pub. L. 108–106, title I, § 1117Nov. 6, 2003117 Stat. 1218 Nov. 6, 2003Sept. 30, 2004Pub. L. 108–375, div. A, title VII, § 706(a)(2)(B)Oct. 28, 2004118 Stat. 1983 , , , which provided during the period beginning on , and ending on , for the extension of transitional health care benefits to 180 days for members separated from active duty, was repealed by , , .

Pub. L. 102–484Application of Amendments by to Existing Contracts

section 4407 of Pub. L. 102–484Oct. 23, 1992section 4407(c) of Pub. L. 102–484 section 1086a of this titleFor provisions relating to the application of the amendments by to conversion health policies provided under subsec. (b) of this section and in effect on , see , set out as a note under .

Transitional Provision

Pub. L. 102–484, div. D, title XLIV, § 4408(b)Oct. 23, 1992106 Stat. 2712

section 1078a of this title section 1086a of this title section 1145(a) of title 10October 1, 1994“The Secretary of Defense shall provide a period for the enrollment for health benefits coverage under this section [enacting and provisions set out as notes under this section and ] by members and former members of the Armed Services for whom the availability of transitional health care under , United States Code, expires before the , implementation date of section 1078a of such title, as added by subsection (a).”

, , , provided that:

Termination of Applicability of Other Conversion Health Policies

Oct. 1, 1994section 4408(c) of Pub. L. 102–484 section 1086a of this titleFor provisions prohibiting purchase of, and allowing cancellation of, conversion health policies under subsec. (b) of this section on or after , see , set out as a note under .