§ 1078a. Continued health benefits coverage
(a)
Provision of Continued Health Coverage.—
The Secretary of Defense shall implement and carry out a program of continued health benefits coverage in accordance with this section to provide persons described in subsection (b) with temporary health benefits comparable to the health benefits provided for former civilian employees of the Federal Government and other persons under section
8905a of title
5.
(b)
Eligible Persons.—
The persons referred to in subsection (a) are the following:
(1)
A member of the uniformed services who—
(A)
is discharged or released from active duty (or full-time National Guard duty), whether voluntarily or involuntarily, under other than adverse conditions, as characterized by the Secretary concerned;
(2)
A person who—
(A)
ceases to meet the requirements for being considered an unmarried dependent child of a member or former member of the uniformed services under section
1072
(2)(D) of this title or ceases to meet the requirements for being considered an unmarried dependent under section
1072
(2)(I) of this title;
(3)
A person who—
(4)
Any other person specified in regulations prescribed by the Secretary of Defense for purposes of this paragraph who loses entitlement to health care services under this chapter or section
1145 of this title, subject to such terms and conditions as the Secretary shall prescribe in the regulations.
(c)
Notification of Eligibility.—
(1)
The Secretary of Defense shall prescribe regulations to provide for persons described in subsection (b) to be notified of eligibility to receive health benefits under this section.
(2)
In the case of a member who becomes (or will become) eligible for continued coverage under subsection (b)(1), the regulations shall provide for the Secretary concerned to notify the member of the member’s rights under this section as part of preseparation counseling conducted under section
1142 of this title or any other provision of other law.
(3)
In the case of a dependent of a member or former member who becomes eligible for continued coverage under subsection (b)(2), the regulations shall provide that—
(d)
Election of Coverage.—
In order to obtain continued coverage under this section, an appropriate written election (submitted in such manner as the Secretary of Defense may prescribe) shall be made as follows:
(1)
In the case of a member described in subsection (b)(1), the written election shall be submitted to the Secretary concerned before the end of the 60-day period beginning on the later of—
(A)
the date of the discharge or release of the member from active duty or full-time National Guard duty;
(2)
(A)
In the case of a dependent of a member or former member who becomes eligible for continued coverage under subsection (b)(2), the written election shall be submitted to the Secretary concerned before the end of the 60-day period beginning on the later of—
(B)
Notwithstanding subparagraph (A), if the Secretary concerned determines that the dependent’s parent has failed to provide the notice referred to in subsection (c)(3)(A) with respect to the dependent in a timely fashion, the 60-day period under this paragraph shall be based only on the date under subparagraph (A)(i).
(3)
In the case of a former spouse of a member or a former member who becomes eligible for continued coverage under subsection (b)(3), the written election shall be submitted to the Secretary concerned before the end of the 60-day period beginning on the later of—
(e)
Coverage of Dependents.—
A person eligible under subsection (b)(1) to elect to receive coverage may elect coverage either as an individual or, if appropriate, for self and dependents. A person eligible under subsection (b)(2) or subsection (b)(3) may elect only individual coverage.
(f)
Charges.—
(1)
Under arrangements satisfactory to the Secretary of Defense, a person receiving continued coverage under this section shall be required to pay into the Military Health Care Account or other appropriate account an amount equal to the sum of—
(A)
the employee and agency contributions which would be required in the case of a similarly situated employee enrolled in a comparable health benefits plan under section
8905a
(d)(1)(A)(i) of title
5; and
(2)
If a person elects to continue coverage under this section before the end of the applicable period under subsection (d), but after the person’s coverage under this chapter (and any transitional extension of coverage under section
1145
(a) of this title) expires, coverage shall be restored retroactively, with appropriate contributions (determined in accordance with paragraph (1)) and claims (if any), to the same extent and effect as though no break in coverage had occurred.
(g)
Period of Continued Coverage.—
(1)
Continued coverage under this section may not extend beyond—
(A)
in the case of a member described in subsection (b)(1), the date which is 18 months after the date the member ceases to be entitled to care under section
1074
(a) of this title and any transitional care under section
1145 of this title, as the case may be;
(B)
in the case of a person described in subsection (b)(2), the date which is 36 months after the date on which the person first ceases to meet the requirements for being considered a dependent under subparagraph (D) or (I) of section
1072
(2) of this title;
(2)
Notwithstanding paragraph (1)(B), if a dependent of a member becomes eligible for continued coverage under subsection (b)(2) during a period of continued coverage of the member for self and dependents under this section, extended coverage of the dependent under this section may not extend beyond the date which is 36 months after the date the member became ineligible for medical and dental care under section
1074
(a) of this title and any transitional health care under section
1145
(a) of this title.
(3)
Notwithstanding paragraph (1)(C), if a person becomes eligible for continued coverage under subsection (b)(3) as the former spouse of a member during a period of continued coverage of the member for self and dependents under this section, extended coverage of the former spouse under this section may not extend beyond the date which is 36 months after the date the member became ineligible for medical and dental care under section
1074
(a) of this title and any transitional health care under section
1145
(a) of this title.
(4)
(A)
Notwithstanding paragraph (1), in the case of a former spouse described in subparagraph (B), continued coverage under this section shall continue for such period as the former spouse may request.
(B)
A former spouse referred to in subparagraph (A) is a former spouse of a member or former member (other than a former spouse whose marriage was dissolved after the separation of the member from the service unless such separation was by retirement)—
(i)
who has not remarried before age 55 after the marriage to the employee, former employee, or annuitant was dissolved;
(ii)
who was enrolled in an approved health benefits plan under this chapter as a family member at any time during the 18-month period before the date of the divorce, dissolution, or annulment; and
(iii)
(I)
who is receiving any portion of the retired or retainer pay of the member or former member or an annuity based on the retired or retainer pay of the member; or
(II)
for whom a court order (as defined in section
1408
(a)(2) of this title) has been issued for payment of any portion of the retired or retainer pay or for whom a court order (as defined in section
1447
(13) of this title) or a written agreement (whether voluntary or pursuant to a court order) provides for an election by the member or former member to provide an annuity to the former spouse.