
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1078a]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                   CHAPTER 55--MEDICAL AND DENTAL CARE
 
Sec. 1078a. Continued health benefits coverage

    (a) Provision of Continued Health Coverage.--The Secretary of 
Defense shall implement and carry out a program of continued health 
benefits coverage in accordance with this section to provide persons 
described in subsection (b) with temporary health benefits comparable to 
the health benefits provided for former civilian employees of the 
Federal Government and other persons under section 8905a of title 5.
    (b) Eligible Persons.--The persons referred to in subsection (a) are 
the following:
        (1) A member of the armed forces who--
            (A) is discharged or released from active duty (or full-time 
        National Guard duty), whether voluntarily or involuntarily, 
        under other than adverse conditions, as characterized by the 
        Secretary concerned;
            (B) immediately preceding that discharge or release, is 
        entitled to medical and dental care under section 1074(a) of 
        this title (except in the case of a member discharged or 
        released from full-time National Guard duty); and
            (C) after that discharge or release and any period of 
        transitional health care provided under section 1145(a) of this 
        title, would not otherwise be eligible for any benefits under 
        this chapter.

        (2) A person who--
            (A) ceases to meet the requirements for being considered an 
        unmarried dependent child of a member or former member of the 
        armed forces under section 1072(2)(D) of this title or ceases to 
        meet the requirements for being considered an unmarried 
        dependent under section 1072(2)(I) of this title;
            (B) on the day before ceasing to meet those requirements, 
        was covered under a health benefits plan under this chapter or 
        transitional health care under section 1145(a) of this title as 
        a dependent of the member or former member; and
            (C) would not otherwise be eligible for any benefits under 
        this chapter.

        (3) A person who--
            (A) is an unremarried former spouse of a member or former 
        member of the armed forces; and
            (B) on the day before the date of the final decree of 
        divorce, dissolution, or annulment was covered under a health 
        benefits plan under this chapter or transitional health care 
        under section 1145(a) of this title as a dependent of the member 
        or former member; and
            (C) is not a dependent of the member or former member under 
        subparagraph (F) or (G) of section 1072(2) of this title or ends 
        a one-year period of dependency under subparagraph (H) of such 
        section.

    (c) Notification of Eligibility.--(1) The Secretary of Defense shall 
prescribe regulations to provide for persons described in subsection (b) 
to be notified of eligibility to receive health benefits under this 
section.
    (2) In the case of a member who becomes (or will become) eligible 
for continued coverage under subsection (b)(1), the regulations shall 
provide for the Secretary concerned to notify the member of the member's 
rights under this section as part of preseparation counseling conducted 
under section 1142 of this title or any other provision of other law.
    (3) In the case of a dependent of a member or former member who 
becomes eligible for continued coverage under subsection (b)(2), the 
regulations shall provide that--
        (A) the member or former member may submit to the Secretary 
    concerned a written notice of the dependent's change in status 
    (including the dependent's name, address, and such other information 
    as the Secretary of Defense may require); and
        (B) the Secretary concerned shall, within 14 days after 
    receiving that notice, inform the dependent of the dependent's 
    rights under this section.

    (4) In the case of a former spouse of a member or former member who 
becomes eligible for continued coverage under subsection (b)(3), the 
regulations shall provide appropriate notification provisions and a 60-
day election period under subsection (d)(3).
    (d) Election of Coverage.--In order to obtain continued coverage 
under this section, an appropriate written election (submitted in such 
manner as the Secretary of Defense may prescribe) shall be made as 
follows:
        (1) In the case of a member described in subsection (b)(1), the 
    written election shall be submitted to the Secretary concerned 
    before the end of the 60-day period beginning on the later of--
            (A) the date of the discharge or release of the member from 
        active duty or full-time National Guard duty;
            (B) the date on which the period of transitional health care 
        applicable to the member under section 1145(a) of this title 
        ends; or
            (C) the date the member receives the notification required 
        pursuant to subsection (c).

        (2)(A) In the case of a dependent of a member or former member 
    who becomes eligible for continued coverage under subsection (b)(2), 
    the written election shall be submitted to the Secretary concerned 
    before the end of the 60-day period beginning on the later of--
            (i) the date on which the dependent first ceases to meet the 
        requirements for being considered a dependent under subparagraph 
        (D) or (I) of section 1072(2) of this title; or
            (ii) the date the dependent receives the notification 
        pursuant to subsection (c).

        (B) Notwithstanding subparagraph (A), if the Secretary concerned 
    determines that the dependent's parent has failed to provide the 
    notice referred to in subsection (c)(3)(A) with respect to the 
    dependent in a timely fashion, the 60-day period under this 
    paragraph shall be based only on the date under subparagraph (A)(i).
        (3) In the case of a former spouse of a member or a former 
    member who becomes eligible for continued coverage under subsection 
    (b)(3), the written election shall be submitted to the Secretary 
    concerned before the end of the 60-day period beginning on the later 
    of--
            (A) the date as of which the former spouse first ceases to 
        meet the requirements for being considered a dependent under 
        section 1072(2) of this title; or
            (B) such other date as the Secretary of Defense may 
        prescribe.

    (e) Coverage of Dependents.--A person eligible under subsection 
(b)(1) to elect to receive coverage may elect coverage either as an 
individual or, if appropriate, for self and dependents. A person 
eligible under subsection (b)(2) or subsection (b)(3) may elect only 
individual coverage.
    (f) Charges.--(1) Under arrangements satisfactory to the Secretary 
of Defense, a person receiving continued coverage under this section 
shall be required to pay into the Military Health Care Account or other 
appropriate account an amount equal to the sum of--
        (A) the employee and agency contributions which would be 
    required in the case of a similarly situated employee enrolled in a 
    comparable health benefits plan under section 8905a(d)(1)(A)(i) of 
    title 5; and
        (B) an amount, not to exceed 10 percent of the amount determined 
    under subparagraph (A), determined under regulations prescribed by 
    the Secretary of Defense to be necessary for administrative 
    expenses; and

    (2) If a person elects to continue coverage under this section 
before the end of the applicable period under subsection (d), but after 
the person's coverage under this chapter (and any transitional extension 
of coverage under section 1145(a) of this title) expires, coverage shall 
be restored retroactively, with appropriate contributions (determined in 
accordance with paragraph (1)) and claims (if any), to the same extent 
and effect as though no break in coverage had occurred.
    (g) Period of Continued Coverage.--(1) Continued coverage under this 
section may not extend beyond--
        (A) in the case of a member described in subsection (b)(1), the 
    date which is 18 months after the date the member ceases to be 
    entitled to care under section 1074(a) of this title and any 
    transitional care under section 1145 of this title, as the case may 
    be;
        (B) in the case of a person described in subsection (b)(2), the 
    date which is 36 months after the date on which the person first 
    ceases to meet the requirements for being considered a dependent 
    under subparagraph (D) or (I) of section 1072(2) of this title; and
        (C) in the case of a person described in subsection (b)(3), 
    except as provided in paragraph (4), the date which is 36 months 
    after the later of--
            (i) the date on which the final decree of divorce, 
        dissolution, or annulment occurs; and
            (ii) if applicable, the date the one-year extension of 
        dependency under section 1072(2)(H) of this title expires.

    (2) Notwithstanding paragraph (1)(B), if a dependent of a member 
becomes eligible for continued coverage under subsection (b)(2) during a 
period of continued coverage of the member for self and dependents under 
this section, extended coverage of the dependent under this section may 
not extend beyond the date which is 36 months after the date the member 
became ineligible for medical and dental care under section 1074(a) of 
this title and any transitional health care under section 1145(a) of 
this title.
    (3) Notwithstanding paragraph (1)(C), if a person becomes eligible 
for continued coverage under subsection (b)(3) as the former spouse of a 
member during a period of continued coverage of the member for self and 
dependents under this section, extended coverage of the former spouse 
under this section may not extend beyond the date which is 36 months 
after the date the member became ineligible for medical and dental care 
under section 1074(a) of this title and any transitional health care 
under section 1145(a) of this title.
    (4)(A) Notwithstanding paragraph (1), in the case of a former spouse 
described in subparagraph (B), continued coverage under this section 
shall continue for such period as the former spouse may request.
    (B) A former spouse referred to in subparagraph (A) is a former 
spouse of a member or former member (other than a former spouse whose 
marriage was dissolved after the separation of the member from the 
service unless such separation was by retirement)--
        (i) who has not remarried before age 55 after the marriage to 
    the employee, former employee, or annuitant was dissolved;
        (ii) who was enrolled in an approved health benefits plan under 
    this chapter as a family member at any time during the 18-month 
    period before the date of the divorce, dissolution, or annulment; 
    and
        (iii)(I) who is receiving any portion of the retired or retainer 
    pay of the member or former member or an annuity based on the 
    retired or retainer pay of the member; or
        (II) for whom a court order (as defined in section 1408(a)(2) of 
    this title) has been issued for payment of any portion of the 
    retired or retainer pay or for whom a court order (as defined in 
    section 1447(13) of this title) or a written agreement (whether 
    voluntary or pursuant to a court order) provides for an election by 
    the member or former member to provide an annuity to the former 
    spouse.

(Added Pub. L. 102-484, div. D, title XLIV, Sec. 4408(a)(1), Oct. 23, 
1992, 106 Stat. 2708; amended Pub. L. 103-35, title II, Sec. 201(g)(1), 
May 31, 1993, 107 Stat. 99; Pub. L. 103-337, div. A, title VII, 
Sec. 702(c), Oct. 5, 1994, 108 Stat. 2798; Pub. L. 104-201, div. A, 
title X, Sec. 1074(a)(4), Sept. 23, 1996, 110 Stat. 2658; Pub. L. 105-
85, div. A, title X, Sec. 1073(a)(17), Nov. 18, 1997, 111 Stat. 1901.)


                               Amendments

    1997--Subsec. (g)(4)(B)(iii)(II). Pub. L. 105-85 substituted 
``section 1447(13)'' for ``section 1447(8)''.
    1996--Subsec. (a). Pub. L. 104-201 substituted ``The Secretary'' for 
``Beginning on October 1, 1994, the Secretary''.
    1994--Subsec. (b)(2)(A). Pub. L. 103-337, Sec. 702(c)(1), inserted 
before semicolon ``or ceases to meet the requirements for being 
considered an unmarried dependent under section 1072(2)(I) of this 
title''.
    Subsec. (c)(3). Pub. L. 103-337, Sec. 702(c)(2), substituted 
``dependent'' for ``child'' in two places and ``dependent's'' for 
``child's'' wherever appearing.
    Subsec. (d)(2)(A). Pub. L. 103-337, Sec. 702(c)(3), substituted ``a 
dependent'' for ``a child'' in introductory provisions, ``the 
dependent'' for ``the child'' in cls. (i) and (ii), and ``a dependent 
under subparagraph (D) or (I) of section 1072(2) of this title;'' for 
``an unmarried dependent child under section 1072(2)(D) of this title,'' 
in cl. (i).
    Subsec. (d)(2)(B). Pub. L. 103-337, Sec. 702(c)(4), substituted 
``dependent's'' for ``child's'' and ``dependent'' for ``child''.
    Subsec. (g)(1)(B). Pub. L. 103-337, Sec. 702(c)(5), substituted ``a 
dependent under subparagraph (D) or (I) of section 1072(2) of this 
title'' for ``an unmarried dependent child under section 1072(2)(D) of 
this title''.
    Subsec. (g)(2). Pub. L. 103-337, Sec. 702(c)(6), substituted 
``dependent'' for ``child'' in two places.
    1993--Subsec. (b)(3)(C). Pub. L. 103-35, Sec. 201(g)(1)(A), 
substituted ``subparagraph'' for ``subparagraphs'' after ``member 
under''.
    Subsec. (d)(2)(A). Pub. L. 103-35, Sec. 201(g)(1)(B), inserted 
``under'' after ``coverage''.
