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e)
This section does not--
(1) require a suspension of professional liability insurance coverage
for any person who is not a person referred to in subsection (a) and
who is covered by the same professional liability insurance as a person
referred to in such subsection; or
(2) relieve any person of the obligation to pay premiums for the coverage
not required to be suspended.
(f)(1) A civil or administrative action for damages on the basis of
the alleged professional negligence or other professional liability of
a person whose professional liability insurance coverage has been suspended
under subsection (b) shall be stayed until the end of the period of the
suspension if--
(A) the action was commenced during that period;
(B) the action is based on an act or omission that occurred before
the date on which the suspension became effective; and
(C) the suspended professional liability insurance would, except for
the suspension, on its face cover the alleged professional negligence
or other professional liability negligence or other professional liability
of the person.
(2) Whenever a civil or administrative action for damages is stayed
under paragraph (1) in the case of any person, the action shall be deemed
to have been filed on the date on which the professional liability insurance
coverage of such person is reinstated under subsection (c).
(g) In the case of a civil or administrative action for which a stay
could have been granted under subsection (f) by reason of the suspension
of professional liability insurance coverage of the defendant under this
section, the period of the suspension of the coverage shall be excluded
from the computation of any statutory period of limitation on the commencement
of such action.
(h) If a person whose professional liability insurance coverage is
suspended under subsection (b) dies during the period of the suspension--
(1) the requirement for the grant or continuance of a stay in any civil
or administrative action against such person under subsection (f)(1)
shall terminate on the date of the death of such person; and
(2) the carrier of the professional liability insurance so suspended
shall be liable for any claim for damages for professional negligence
or other professional liability of the deceased person in the same manner
and to the same extent as such carrier would be liable if the person
had died while covered by such insurance but before the claim was filed.
(i) In this section:
(1)
The term "active duty" has
the meaning given that term in section 101 of title 10, United States
Code.
(2)
The term "profession" includes
occupation.
(3)
The term "professional" includes
occupational.
Health
insurance reinstatement upon re-employment.
Section 703(a)
(50 U.S.C.
App. § 593)
(a)
A person who, by reason of military service described in section
702(a)(1),
[App. §'
592(a)(1)], is entitled to the rights and benefits of this Act shall
also be entitled upon release from such military service
to reinstatement of any health insurance which (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) An exclusion or a waiting period may not be imposed in connection
with reinstatement of health insurance coverage of a health or physical
condition of a person under subsection (a), or a health or physical condition
of any other person who is covered by the insurance by reason of the
coverage of such person, if--
(1) the condition arose before or during that person's period of training
or service in the Armed Forces;
(2) an exclusion or waiting period would not have been imposed for
the condition during a period of coverage resulting from participation
by such person in the insurance; and
(3) the condition of such person 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, United States
Code).
(c) Subsection (a) does not apply in the case of employer-offered insurance
benefits in which a person referred to in such subsection is entitled
to participate pursuant to the provisions of chapter 43 of title 38,
United States Code.
(c) The amendments made by this section shall take effect as of August
1, 1990.
The health insurance benefits provision in the SSCRA, Section 703(a)
of the Act as amended in 1991, for non-employer purchased health insurance,
closely parallels Title 38, U.S. Code Section 4317, which is the health
care provision for employer-sponsored health care plans of the Uniformed
Services Employment and Reemployment Rights Act (USERRA).
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Above Information Courtesy
of United States Army JAG Corps
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