10 U.S.C. § 1086a — Certain former spouses: extension of pe-

Page 1122 TITLE 10—ARMED FORCES § 1086a EFFECTIVE DATE OF 1980 AMENDMENT Amendment by section 501(14) of Pub. L. 96–513 effec- tive Sept. 15, 1981, and amendment by section 511(36), (39) of Pub. L. 96–513 effective Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1979 AMENDMENT Pub. L. 96–173, § 2, Dec. 29, 1979, 93 Stat. 1287, provided that: ‘‘The amendment made by the first section of this Act [amending this section] shall take effect on Octo- ber 1, 1979.’’ EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–485 applicable with respect to claims submitted for payment for services provided on or after the first day of the first calendar year be- ginning after Oct. 20, 1978, see section 806(b) of Pub. L. 95–485, set out as a note under section 1079 of this title. EFFECTIVE DATE For effective date of section, see section 3 of Pub. L. 89–614, set out as a note under section 1071 of this title. TEMPORARY AUTHORITY FOR WAIVER OF COLLECTION OF PAYMENTS DUE FOR CHAMPUS BENEFITS RECEIVED BY CERTAIN PERSONS UNAWARE OF LOSS OF CHAMPUS ELIGIBILITY Pub. L. 108–375, div. A, title VII, § 716, Oct. 28, 2004, 118 Stat. 1986, authorized the Secretary of Defense to waive the collection of payments otherwise due for health benefits from certain persons described in subsec. (d) of this section who were unaware of the loss of eligibility to receive health benefits under such subsection and authorized a continuation of benefits for such persons during the period beginning on July 1, 1999, and ending on Dec. 31, 2004. Similar provisions were contained in the following prior authorization acts: Pub. L. 105–261, div. A, title VII, § 704, Oct. 17, 1998, 112 Stat. 2057. Pub. L. 104–106, div. A, title VII, § 743, Feb. 10, 1996, 110 Stat. 385. MINIMUM AMOUNT PAYABLE FOR SERVICES PROVIDED UNDER THIS SECTION Pub. L. 103–335, title VIII, § 8052, Sept. 30, 1994, 108 Stat. 2629, provided that: ‘‘Notwithstanding any other provision of law, of the funds appropriated for the De- fense Health Program during this fiscal year and here- after, the amount payable for services provided under this section shall not be less than the amount cal- culated under the coordination of benefits reimburse- ment formula utilized when CHAMPUS is a secondary payor to medical insurance programs other than Medi- care, and such appropriations as necessary shall be available (notwithstanding the last sentence of section 1086(c) of title 10, United States Code) to continue Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) benefits, until age 65, under such section for a former member of a uniformed service who is entitled to retired or retainer pay or equivalent pay, or a dependent of such a member, or any other beneficiary described by section 1086(c) of title 10, United States Code, who becomes eligible for hospital insurance benefits under part A of title XVIII of the So- cial Security Act (42 U.S.C. 1395 et seq.) [42 U.S.C. 1395c et seq.] solely on the grounds of physical disability, or end stage renal disease: Provided, That expenses under this section shall only be covered to the extent that such expenses are not covered under parts A and B of title XVIII of the Social Security Act [42 U.S.C. 1395c et seq., 1395j et seq.] and are otherwise covered under CHAMPUS: Provided further, That no reimbursement shall be made for services provided prior to October 1, 1991.’’ AUTHORIZATION TO APPLY SECTION 1079 PAYMENT RULES FOR SPOUSE AND CHILDREN OF MEMBER WHO DIES WHILE ON ACTIVE DUTY Pub. L. 103–160, div. A, title VII, § 704, Nov. 30, 1993, 107 Stat. 1687, provided that in the case of an eligible de- pendent of a member of a uniformed service who died while on active duty for a period of more than 30 days, the administering Secretary could apply the payment provisions set forth in section 1079(b) of this title (in lieu of the payment provisions set forth in section 1086(b) of this title), with respect to health benefits re- ceived by the dependent under such section 1086 in con- nection with an illness or medical condition for which the dependent was receiving treatment under chapter 55 of this title at time of death of the member, prior to repeal by Pub. L. 103–337, div. A, title VII, § 707(d), Oct. 5, 1994, 108 Stat. 2801. [Pub. L. 103–337, div. A, title VII, § 707(d), Oct. 5, 1994, 108 Stat. 2801, provided in part that: ‘‘The repeal of such section [section 704 of Pub. L. 103–160, formerly set out above] shall not terminate the special payment rules provided in such section with respect to any person eli- gible for such payment rules on the date of the enact- ment of this Act [Oct. 5, 1994].’’] COVERAGE OF CARE PROVIDED SINCE SEPTEMBER 30, 1991 Pub. L. 102–484, div. A, title VII, § 705(b), Oct. 23, 1992, 106 Stat. 2433, provided that: ‘‘Subsection (d) of section 1086 of title 10, United States Code, as added by section 704(a) of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102–190; 105 Stat. 1401) and amended by subsection (a) of this section, shall apply with respect to health care benefits or serv- ices received after September 30, 1991, by a person de- scribed in subsection (d)(2) of such section 1086 if such benefits or services would have been covered under a plan contracted for under such section 1086.’’ § 1086a. Certain former spouses: extension of pe- riod of eligibility for health benefits (a) AVAILABILITY OF CONVERSION HEALTH POLI- CIES.—The Secretary of Defense shall inform each person who has been a dependent for a pe- riod 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 con- version health policy offered under this sub- section shall provide coverage for not less than a 24-month period. (b) EFFECT OF PURCHASE.—(1) Subject to para- graph (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 with- in that period (or within a reasonable time after that period as prescribed by the Secretary of De- fense), the person shall continue to be eligible for medical and dental care in the manner de- scribed 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 de- pendent 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 Page 1123 TITLE 10—ARMED FORCES § 1087 (B) for which care is not provided under the policy solely on the grounds that the condi- tion 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 poli- cies 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 re- quired under such a policy through the Civilian Health and Medical Program of the Uniformed Services. Subject to paragraph (2), a person re- ceiving 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 contribu- tions which would be required in the case of a person enrolled in a health benefits plan con- tracted 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 pur- chases a conversion health policy from the Sec- retary 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 pol- icy’’ means a health insurance policy with a pri- vate insurer, developed through negotiations be- tween 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, § 731(b)(1), Nov. 29, 1989, 103 Stat. 1482; amended Pub. L. 102–484, div. D, title XLIV, § 4407(b), Oct. 23, 1992, 106 Stat. 2707; Pub. L. 103–35, title II, § 202(a)(16), May 31, 1993, 107 Stat. 102.) Editorial Notes AMENDMENTS 1993—Subsec. (b)(1). Pub. L. 103–35 made technical amendment to directory language of Pub. L. 102–484, § 4407(b)(2). See 1992 Amendment note below. 1992—Subsec. (a). Pub. L. 102–484, § 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, § 4407(b)(2), as amended by Pub. L. 103–35, substituted ‘‘24-month period’’ for ‘‘one-year period’’ the second place appearing in the in- troductory provisions of par. (1). Subsecs. (c), (d). Pub. L. 102–484, § 4407(b)(3), (4), added subsec. (c) and redesignated former subsec. (c) as (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–35 applicable as if in- cluded 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 an- nulment becomes final on or after Nov. 29, 1989, and to a person so referred to whose decree became final dur- ing the period from Sept. 29, 1988 to Nov. 28, 1989, as if section had become effective on Sept. 29, 1988, see sec- tion 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 Pub. L. 102–484, div. D, title XLIV, § 4407(c), Oct. 23, 1992, 106 Stat. 2708, provided that: ‘‘In the case of con- version 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 Pub. L. 102–484, div. D, title XLIV, § 4408(c), Oct. 23, 1992, 106 Stat. 2712, provided that: ‘‘(1) No person may purchase a conversion health pol- icy under section 1145(b) or 1086a of title 10, United States Code, on or after October 1, 1994. A person cov- ered 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 con- version health policy under section 1145(b) or 1086a of such title and a health benefits plan under section 1078a of such title.’’ § 1086b. Prohibition against requiring retired members to receive health care solely through the Department of Defense The Secretary of Defense may not take any action that would require, or have the effect of requiring, a member or former member of the armed forces who is entitled to retired or re- tainer pay to enroll to receive health care from the Federal Government only through the De- partment of Defense. (Added Pub. L. 107–107, div. A, title VII, § 731(a), Dec. 28, 2001, 115 Stat. 1169.) § 1087. Programing facilities for certain mem- bers, former members, and their dependents in construction projects of the uniformed services (a) Space for inpatient and outpatient care may be programed in facilities of the uniformed services for persons covered by sections 1074(b) and 1076(b) of this title. The maximum amount of space that may be so programed for a facility is the greater of— (1) the amount of space that would be so pro- gramed for the facility in order to meet the re- quirements to be placed on the facility for support of the teaching and training of health- care professionals; and