
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 736(a),]
[CITE: 10USC1145]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
    CHAPTER 58--BENEFITS AND SERVICES FOR MEMBERS BEING SEPARATED OR 
                           RECENTLY SEPARATED
 
Sec. 1145. Health benefits

    (a) Transitional Health Care.--(1) For the applicable time period 
described in paragraph (2), a member of the armed forces who is 
involuntarily separated from active duty during the period beginning on 
October 1, 1990, and ending on December 31, 2001 (and the dependents of 
the member), shall be entitled to receive--
        (A) medical and dental care under section 1076 of this title in 
    the same manner as a dependent described in subsection (a)(2) of 
    such section; and
        (B) health benefits contracted under the authority of section 
    1079(a) of this title and subject to the same rates and conditions 
    as apply to persons covered under that section.

    (2) Transitional health care shall be available under subsection (a) 
for a specified time period beginning on the date on which the member is 
involuntarily separated as follows:
        (A) For members involuntarily separated with less than six years 
    of active service, 60 days.
        (B) For members involuntarily separated with six or more years 
    of active service, 120 days.

    (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 duty 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) 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 section 8905a(d)(1)(A) of title 5 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) 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).

    (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 section 8905a(d)(1)(A) of title 5 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 during the period beginning on October 1, 1990, and ending on 
December 31, 2001, 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) 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.
    (e) Coast Guard.--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 October 1, 
1994, and ending on December 31, 2001. The Secretary of Transportation 
shall implement this section for the Coast Guard.

(Added Pub. L. 101-510, div. A, title V, Sec. 502(a)(1), Nov. 5, 1990, 
104 Stat. 1555; amended Pub. L. 102-484, div. D, title XLIV, 
Sec. 4407(a), Oct. 23, 1992, 106 Stat. 2707; Pub. L. 103-160, div. A, 
title V, Sec. 561(i), Nov. 30, 1993, 107 Stat. 1668; Pub. L. 103-337, 
div. A, title V, Sec. 542(a)(4), Oct. 5, 1994, 108 Stat. 2768; Pub. L. 
105-261, div. A, title V, Sec. 561(h), Oct. 17, 1998, 112 Stat. 2026; 
Pub. L. 106-398, Sec. 1 [[div. A], title V, Sec. 571(h)], Oct. 30, 2000, 
114 Stat. 1654, 1654A-134.)


                               Amendments

    2000--Subsecs. (a)(1), (c)(1), (e). Pub. L. 106-398 substituted 
``December 31, 2001'' for ``September 30, 2001''.
    1998--Subsecs. (a)(1), (c)(1). Pub. L. 105-261, Sec. 561(h)(1), 
substituted ``during the period beginning on October 1, 1990, and ending 
on September 30, 2001'' for ``during the nine-year period beginning on 
October 1, 1990''.
    Subsec. (e). Pub. L. 105-261, Sec. 561(h)(2), substituted ``during 
the period beginning on October 1, 1994, and ending on September 30, 
2001'' for ``during the five-year period beginning on October 1, 1994''.
    1994--Subsec. (e). Pub. L. 103-337 added subsec. (e).
    1993--Subsecs. (a)(1), (c)(1). Pub. L. 103-160 substituted ``nine-
year period'' for ``five-year period''.
    1992--Subsec. (b)(1). Pub. L. 102-484, Sec. 4407(a)(1), inserted at 
end ``A conversion health policy offered under this paragraph shall 
provide coverage for not less than an 18-month period.''
    Subsec. (b)(2)(A). Pub. L. 102-484, Sec. 4407(a)(2), substituted 
``18-month period'' for ``one-year period''.
    Subsec. (b)(4) to (6). Pub. L. 102-484, Sec. 4407(a)(3), added pars. 
(4) to (6).


                    Effective Date of 1994 Amendment

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


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

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


                         Transitional Provision

    Section 4408(b) of Pub. L. 102-484 provided that: ``The Secretary of 
Defense shall provide a period for the enrollment for health benefits 
coverage under this section [enacting section 1078a of this title and 
provisions set out as notes under this section and section 1086a of this 
title] by members and former members of the Armed Services for whom the 
availability of transitional health care under section 1145(a) of title 
10, United States Code, expires before the October 1, 1994, 
implementation date of section 1078a of such title, as added by 
subsection (a).''


    Termination of Applicability of Other Conversion Health Policies

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

                  Section Referred to in Other Sections

    This section is referred to in sections 1078a, 1142 of this title.
