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50 U.S.C. § 4025a — Health insurance reinstatement
Federal law — U.S. Code and appendices · legal_authorities
**(a) Reinstatement of health insurance** A servicemember who, by reason of military service as defined in [section 4023(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4023/a/1&num=0&edition=prelim), is entitled to the rights and protections of this chapter shall also be entitled upon termination or release from such service to reinstatement of any health insurance that—
(1) was in effect on the day before such service commenced; and
(2) was terminated effective on a date during the period of such service.
**(b) No exclusion or waiting period** The reinstatement of health care insurance coverage for the health or physical condition of a servicemember described in subsection (a), or any other person who is covered by the insurance by reason of the coverage of the servicemember, shall not be subject to an exclusion or a waiting period, if—
(1) the condition arose before or during the period of such service;
(2) an exclusion or a waiting period would not have been imposed for the condition during the period of coverage; and
(3) in a case in which the condition relates to the servicemember, the condition has not been determined by the Secretary of Veterans Affairs to be a disability incurred or aggravated in the line of duty (within the meaning of [section 105 of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section105&num=0&edition=prelim)).
**(c) Exceptions** Subsection (a) does not apply to a servicemember entitled to participate in employer-offered insurance benefits pursuant to the provisions of chapter 43 of title 38.
**(d) Time for applying for reinstatement** An application under this section must be filed not later than 120 days after the date of the termination of or release
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4025a
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Stable record: federal_law:legal_authorities:record_usc_06079dc43fd1aa2c26160859
Source file: Laws/federal/codes/united-states-code/title-50/section-4025a-health-insurance-reinstatement--aa9e914361.md
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Source location: Title 50, Chapter 50, § 4025a; chapter-050-servicemembers-civil-relief.md
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**(a) Reinstatement of health insurance** A servicemember who, by reason of military service as defined in [section 4023(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4023/a/1&num=0&edition=prelim), is entitled to the rights and protections of this chapter shall also be entitled upon termination or release from such service to reinstatement of any health insurance that—
(1) was in effect on the day before such service commenced; and
(2) was terminated effective on a date during the period of such service.
**(b) No exclusion or waiting period** The reinstatement of health care insurance coverage for the health or physical condition of a servicemember described in subsection (a), or any other person who is covered by the insurance by reason of the coverage of the servicemember, shall not be subject to an exclusion or a waiting period, if—
(1) the condition arose before or during the period of such service;
(2) an exclusion or a waiting period would not have been imposed for the condition during the period of coverage; and
(3) in a case in which the condition relates to the servicemember, the condition has not been determined by the Secretary of Veterans Affairs to be a disability incurred or aggravated in the line of duty (within the meaning of [section 105 of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section105&num=0&edition=prelim)).
**(c) Exceptions** Subsection (a) does not apply to a servicemember entitled to participate in employer-offered insurance benefits pursuant to the provisions of chapter 43 of title 38.
**(d) Time for applying for reinstatement** An application under this section must be filed not later than 120 days after the date of the termination of or release from military service.
**(e) Limitation on premium increases**
(1) **Premium protection** — The amount of the premium for health insurance coverage that was terminated by a servicemember and required to be reinstated under subsection (a) may not be increased, for the balance of the period for which coverage would have been continued had the coverage not been terminated, to an amount greater than the amount chargeable for such coverage before the termination.
(2) **Increases of general applicability not precluded** — Paragraph (1) does not prevent an increase in premium to the extent of any general increase in the premiums charged by the carrier of the health care insurance for the same health insurance coverage for persons similarly covered by such insurance during the period between the termination and the reinstatement.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** An injury or disease incurred during active military, naval, air, or space service will be deemed to have been incurred in line of duty and not the result of the veteran’s own misconduct when the person on whose account benefits are claimed was, at the time the injury was suffered or disease contracted, in active military, naval, air, or space service, whether on active duty or on authorized leave, unless such injury or disease was a result of the person’s own willful misconduct or abuse of alcohol or drugs. Venereal disease shall not be presumed to be due to willful misconduct if the person in service complies with the regulations of the appropriate service department requiring the person to report and receive treatment for such disease.
**(b)** The requirement for line of duty will not be met if it appears that at the time the injury was suffered or disease contracted the person on whose account benefits are claimed (1) was avoiding duty by deserting the service or by absenting himself or herself without leave materially interfering with the performance of military duties; (2) was confined under sentence of court-martial involving an unremitted dishonorable discharge; or (3) was confined under sentence of a civil court for a felony (as determined under the laws of the jurisdiction where the person was convicted by such court).
**(c)** For the purposes of any provision relating to the extension of a delimiting period under any education-benefit or rehabilitation program administered by the Secretary, the disabling effects of chronic alcoholism shall not be considered to be the result of willful misconduct.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 105
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Any person aggrieved by a violation of this chapter may in a civil action—
(1) obtain any appropriate equitable or declaratory relief with respect to the violation;
(2) recover all other appropriate relief, including monetary damages; and
(3) be a representative party on behalf of members of a class or be a member of a class, in accordance with the Federal Rules of Civil Procedure, notwithstanding any previous agreement to the contrary.
**(b) Costs and attorney fees** The court may award to a person aggrieved by a violation of this chapter who prevails in an action brought under subsection (a) the costs of the action, including a reasonable attorney fee.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3901
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Applicability** This section applies to a servicemember who—
(1) after July 31, 1990, is ordered to active duty (other than for training) pursuant to sections 688, 12301(a), 12301(g), 12302, 12304, 12306, or 12307 of title 10 or who is ordered to active duty under section 12301(d) of such title during a period when members are on active duty pursuant to any of the preceding sections; and
(2) immediately before receiving the order to active duty—
(A) was engaged in the furnishing of health-care or legal services or other services determined by the Secretary of Defense to be professional services; and
(B) had in effect a professional liability insurance policy that does not continue to cover claims filed with respect to the servicemember during the period of the servicemember’s active duty unless the premiums are paid for such coverage for such period.
**(b) Suspension of coverage**
(1) **Suspension** — Coverage of a servicemember referred to in subsection (a) by a professional liability insurance policy shall be suspended by the insurance carrier in accordance with this subsection upon receipt of a written request from the servicemember by the insurance carrier.
(2) **Premiums for suspended contracts** — A professional liability insurance carrier—
(A) may not require that premiums be paid by or on behalf of a servicemember for any professional liability insurance coverage suspended pursuant to paragraph (1); and
(B) shall refund any amount paid for coverage for the period of such suspension or, upon the election of such servicemember, apply such amount for the payment of any premium becoming due upon the reinstatement of such coverage.
(3) **Nonliability of carrier during suspension** — A professional liability insurance carrier shall not be liabl
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4025
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Federal law — U.S. Code and appendices · legal_authorities
Page 1019
TITLE 50—WAR AND NATIONAL DEFENSE
§ 4026
subsection (a) [amending this section] shall take effect
on the date that is 90 days after the date of the enact-
ment of this Act [Dec. 31, 2018].’’
EFFECTIVE DATE OF 2009 AMENDMENT
Pub. L. 111–97, § 2(c), Nov. 11, 2009, 123 Stat. 3007, pro-
vided that: ‘‘Subsection (b) of section 705 of such Act
[Servicemembers Civil Relief Act] (50 U.S.C. App. 595)
[now 50 U.S.C. 4025], as added by subsection (a) of this
section, shall apply with respect to absences from
States described in such subsection (b) on or after the
date of the enactment of this Act [Nov. 11, 2009], re-
gardless of the date of the military or naval order con-
cerned.’’
EFFECTIVE DATE
Section applicable to any case not final before Dec.
19, 2003, see section 3 of Pub. L. 108–189, set out as a
note under section 3901 of this title.
§ 4025a. Portability of professional licenses of
servicemembers and their spouses
(a) In general
If a servicemember or the spouse of a
servicemember has a covered license and relo-
cates residence because such servicemember re-
ceives military orders for military service in a
State other than the State of the licensing au-
thority that issued the covered license, such
covered license shall be considered valid for the
scope of practice in the State of the new resi-
dence if such servicemember or spouse submits
to the licensing authority of such State an ap-
plication described in subsection (c).
(b) Temporary licenses
If a licensing authority is required to consider
a covered license valid under subsection (a) but
cannot carry out such requirement during the 30
days after receiving an application described in
subsection (c), the licensing authority may issue
to the applicant a temporary license that con-
fe
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 4025a
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.