
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: 10USC1086a]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                   CHAPTER 55--MEDICAL AND DENTAL CARE
 
Sec. 1086a. Certain former spouses: extension of period of 
        eligibility for health benefits
        
    (a) Availability of Conversion Health Policies.--The Secretary of 
Defense shall inform each person who has been a dependent for a period 
of one year or more under section 1072(2)(H) of this title 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) Subject to paragraph (2), if a person 
who is a dependent for a one-year period under section 1072(2)(H) of 
this title 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 section 1076 of this 
title and health benefits under section 1086 of this title until the end 
of the 24-month period beginning on the later of--
        (A) the date the person is no longer a dependent under section 
    1072(2)(H) of this title; and
        (B) the date of the purchase of the policy.

    (2) 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) 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 
section 8905a(d)(1)(A) of title 5 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) the individual and Government contributions which would be 
    required in the case of a person enrolled in a health benefits plan 
    contracted for under section 1079 of this title; and
        (B) an amount necessary for administrative expenses, but not to 
    exceed two percent of the amount under subparagraph (A).

    (2) 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 section 8905a(d)(1)(A) of title 5 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.--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 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 
section 1072(2)(H) of this title.

(Added Pub. L. 101-189, div. A, title VII, Sec. 731(b)(1), Nov. 29, 
1989, 103 Stat. 1482; amended Pub. L. 102-484, div. D, title XLIV, 
Sec. 4407(b), Oct. 23, 1992, 106 Stat. 2707; Pub. L. 103-35, title II, 
Sec. 202(a)(16), May 31, 1993, 107 Stat. 102.)


                               Amendments

    1993--Subsec. (b)(1). Pub. L. 103-35 made technical amendment to 
directory language of Pub. L. 102-484, Sec. 4407(b)(2). See 1992 
Amendment note below.
    1992--Subsec. (a). Pub. L. 102-484, Sec. 4407(b)(1), inserted at end 
``A conversion health policy offered under this subsection shall provide 
coverage for not less than a 24-month period.''
    Subsec. (b)(1). Pub. L. 102-484, Sec. 4407(b)(2), as amended by Pub. 
L. 103-35, substituted ``24-month period'' for ``one-year period'' the 
second place appearing in the introductory provisions of par. (1).
    Subsecs. (c), (d). Pub. L. 102-484, Sec. 4407(b)(3), (4), added 
subsec. (c) and redesignated former subsec. (c) as (d).


                    Effective Date of 1993 Amendment

    Amendment by Pub. L. 103-35 applicable as if included in the 
enactment of Pub. L. 102-484, see section 202(b) of Pub. L. 103-35, set 
out as a note under section 155 of this title.


                             Effective Date

    Section applicable to a person referred to in 10 U.S.C. 1072(2)(H) 
whose decree of divorce, dissolution, or annulment becomes final on or 
after Nov. 29, 1989, and to a person so referred to whose decree became 
final during the period from Sept. 29, 1988 to Nov. 28, 1989, as if 
section had become effective on Sept. 29, 1988, see section 731(d) of 
Pub. L. 101-189, set out as an Effective Date of 1989 Amendment note 
under section 1072 of this title.


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

    Section 4407(c) of Pub. L. 102-484 provided that: ``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 [Oct. 23, 1992], the Secretary of Defense shall--
        ``(1) 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 section 1145 of this title]; or
        ``(2) make other arrangements to implement the amendments made 
    by this section with respect to these policies.''


    Termination of Applicability of Other Conversion Health Policies

    Section 4408(c) of Pub. L. 102-484 provided that:
    ``(1) No person may purchase a conversion health policy under 
section 1145(b) or 1086a of title 10, United States Code, on or after 
October 1, 1994. 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.''
