§ 593. Reinstatement of Health Insurance Coverage Upon Release from Service

(a) Right to reinstatement of coverage

     A person who, by reason of military service described in section 702(a)(1) [section 592(a)(1) of this Appendix], is entitled to the rights and benefits of this Act [sections 501 to 593 of this Appendix] 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) Exclusion or waiting period

     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) Employer-offered insurance benefits

     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.

(Oct. 17, 1940, ch. 888, art. VII, § 703, as added Pub. L. 102–12, § 5(b), Mar. 18, 1991, 105 Stat. 37.)

Effective Date

     Section 5(c) of Pub. L. 102–12 provided that: "The amendments made by this section [enacting this section and amending section 4301 of Title 38, Veterans’ Benefits] shall take effect as of August 1, 1990."