(1) after July 31, 1990, is ordered to active duty (other than for
training) pursuant to section 688, 12301(a), 12301(g), 12302, 12304,
12306 or 12307, of title 10, United States Code, or who is ordered to
active duty under section 12301(d) 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 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 such person during
the period of the person's active duty unless the premiums are paid for
such coverage for such period.
(b)(1) Coverage of a person referred to in subsection (a) by a professional
liability insurance policy shall be suspended in accordance with this
subsection upon receipt of the written request of such person by the
insurance carrier.
(2) A professional liability insurance carrier--
(A) may not require that premiums be paid by or on behalf of a person
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 person, apply such amount for
the payment of any premium becoming due upon the reinstatement of such
coverage.
(3) A professional liability insurance carrier shall not be liable
with respect to any claim that is based on professional conduct (including
any failure to take any action in a professional capacity) of a person
that occurs during a period of suspension of that person's professional
liability insurance under this subsection. For the purposes of the preceding
sentence, a claim based upon the failure of a professional to make adequate
provision for patients to be cared for during the period of the professional's
active duty service shall be considered to be based on an action or failure
to take action before the beginning of the period of suspension of professional
liability insurance under this subsection, except in a case in which
professional services were provided after the date of the beginning of
such period.
(c)(1) Professional liability insurance coverage suspended in the case
of any person pursuant to subsection (b) shall be reinstated by the insurance
carrier on the date on which that person transmits to the insurance carrier
a written request for reinstatement.
(2) The request of a person for reinstatement shall be effective only
if the person transmits the request to the insurance carrier within 30
days after the date on which the person is released from active duty.
The insurance carrier shall notify the person of the due date for payment
of the premium of such insurance. Such premium shall be paid by the person
within 30 days after the receipt of that notice.
(3) The period for which professional liability insurance coverage
shall be reinstated for a person under this subsection may not be less
than the balance of the period for which coverage would have continued
under the insurance policy if the coverage had not been suspended.
