Collapse to view only § 4024. Health insurance reinstatement
- § 4021. Anticipatory relief
- § 4022. Power of attorney
- § 4023. Professional liability protection
- § 4024. Health insurance reinstatement
- § 4025. Guarantee of residency for military personnel and spouses of military personnel
- § 4025a. Portability of professional licenses of servicemembers and their spouses
- § 4026. Business or trade obligations
- § 4027. Guarantee of residency for spouses of servicemembers
§ 4021. Anticipatory relief
(a) Application for reliefA servicemember may, during military service or within 180 days of termination of or release from military service, apply to a court for relief—
(1) from any obligation or liability incurred by the servicemember before the servicemember’s military service; or
(2) from a tax or assessment falling due before or during the servicemember’s military service.
(b) Tax liability or assessmentIn a case covered by subsection (a), the court may, if the ability of the servicemember to comply with the terms of such obligation or liability or pay such tax or assessment has been materially affected by reason of military service, after appropriate notice and hearing, grant the following relief:
(1) Stay of enforcement of real estate contracts
(A) In the case of an obligation payable in installments under a contract for the purchase of real estate, or secured by a mortgage or other instrument in the nature of a mortgage upon real estate, the court may grant a stay of the enforcement of the obligation—
(i) during the servicemember’s period of military service; and
(ii) from the date of termination of or release from military service, or from the date of application if made after termination of or release from military service.
(B) Any stay under this paragraph shall be—
(i) for a period equal to the remaining life of the installment contract or other instrument, plus a period of time equal to the period of military service of the servicemember, or any part of such combined period; and
(ii) subject to payment of the balance of the principal and accumulated interest due and unpaid at the date of termination or release from the applicant’s military service or from the date of application in equal installments during the combined period at the rate of interest on the unpaid balance prescribed in the contract or other instrument evidencing the obligation, and subject to other terms as may be equitable.
(2) Stay of enforcement of other contracts
(A) In the case of any other obligation, liability, tax, or assessment, the court may grant a stay of enforcement—
(i) during the servicemember’s military service; and
(ii) from the date of termination of or release from military service, or from the date of application if made after termination or release from military service.
(B) Any stay under this paragraph shall be—
(i) for a period of time equal to the period of the servicemember’s military service or any part of such period; and
(ii) subject to payment of the balance of principal and accumulated interest due and unpaid at the date of termination or release from military service, or the date of application, in equal periodic installments during this extended period at the rate of interest as may be prescribed for this obligation, liability, tax, or assessment, if paid when due, and subject to other terms as may be equitable.
(c) Affect 1
1 So in original. Probably should be “Effect”.
of stay on fine or penalty(Oct. 17, 1940, ch. 888, title VII, § 701, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2860.)
§ 4022. Power of attorney
(a) Automatic extensionA power of attorney of a servicemember shall be automatically extended for the period the servicemember is in a missing status (as defined in section 551(2) of title 37) if the power of attorney—
(1) was duly executed by the servicemember—
(A) while in military service; or
(B) before entry into military service but after the servicemember—
(i) received a call or order to report for military service; or
(ii) was notified by an official of the Department of Defense that the person could receive a call or order to report for military service;
(2) designates the servicemember’s spouse, parent, or other named relative as the servicemember’s attorney in fact for certain, specified, or all purposes; and
(3) expires by its terms after the servicemember entered a missing status.
(b) Limitation on power of attorney extension
(Oct. 17, 1940, ch. 888, title VII, § 702, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2861.)
§ 4023. Professional liability protection
(a) ApplicabilityThis section applies to a servicemember who—
(1) after July 31, 1990, is ordered to active duty (other than for training) pursuant to sections 688, 12301(a), 12301(g), 12302, 12304, 12306, or 12307 of title 10 or who is ordered to active duty under section 12301(d) of such title 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 or legal 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 the servicemember during the period of the servicemember’s active duty unless the premiums are paid for such coverage for such period.
(b) Suspension of coverage
(1) Suspension
(2) Premiums for suspended contractsA professional liability insurance carrier—
(A) may not require that premiums be paid by or on behalf of a servicemember 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 servicemember, apply such amount for the payment of any premium becoming due upon the reinstatement of such coverage.
(3) Nonliability of carrier during suspension
(4) Certain claims considered to arise before suspension
(c) Reinstatement of coverage
(1) Reinstatement required
(2) Time and premium for reinstatement
(3) Period of reinstated coverage
(d) Increase in premium
(1) Limitation on premium increases
(2) Exception
(e) Continuation of coverage of unaffected personsThis section does not—
(1) require a suspension of professional liability insurance protection 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) Stay of civil or administrative actions
(1) Stay of actionsA civil or administrative action for damages on the basis of the alleged professional negligence or other professional liability of a servicemember 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 the period of the suspension;
(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 servicemember.
(2) Date of commencement of action
(g) Effect of suspension upon limitations period
(h) Death during period of suspensionIf a servicemember 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 servicemember under subsection (f)(1) shall terminate on the date of the death of such servicemember; 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 servicemember in the same manner and to the same extent as such carrier would be liable if the servicemember had died while covered by such insurance but before the claim was filed.
(i) DefinitionsFor purposes of this section:
(1) Active duty
(2) Profession
(3) Professional
(Oct. 17, 1940, ch. 888, title VII, § 703, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2862.)
§ 4024. Health insurance reinstatement
(a) Reinstatement of health insurance
A servicemember who, by reason of military service as defined in section 4023(a)(1) of this title, is entitled to the rights and protections of this chapter shall also be entitled upon termination or release from such service to reinstatement of any health insurance that—
(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) No exclusion or waiting period
The reinstatement of health care insurance coverage for the health or physical condition of a servicemember described in subsection (a), or any other person who is covered by the insurance by reason of the coverage of the servicemember, shall not be subject to an exclusion or a waiting period, if—
(1) the condition arose before or during the period of such service;
(2) an exclusion or a waiting period would not have been imposed for the condition during the period of coverage; and
(3) in a case in which the condition relates to the servicemember, the condition 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).
(c) Exceptions
(d) Time for applying for reinstatement
(e) Limitation on premium increases
(1) Premium protection
(2) Increases of general applicability not precluded
(Oct. 17, 1940, ch. 888, title VII, § 704, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2864; amended Pub. L. 109–233, title III, § 302, June 15, 2006, 120 Stat. 406.)
§ 4025. Guarantee of residency for military personnel and spouses of military personnel
(a) In generalFor the purposes of voting for any Federal office (as defined in section 30101 of title 52) or a State or local office, a person who is absent from a State in compliance with military or naval orders shall not, solely by reason of that absence—
(1) be deemed to have lost a residence or domicile in that State, without regard to whether or not the person intends to return to that State;
(2) be deemed to have acquired a residence or domicile in any other State; or
(3) be deemed to have become a resident in or a resident of any other State.
(b) SpousesFor the purposes of voting for any Federal office (as defined in section 30101 of title 52) or a State or local office—
(1) a person who is absent from a State because the person is accompanying the person’s spouse who is absent from that same State in compliance with military or naval orders shall not, solely by reason of that absence—
(A) be deemed to have lost a residence or domicile in that State, without regard to whether or not the person intends to return to that State;
(B) be deemed to have acquired a residence or domicile in any other State; or
(C) be deemed to have become a resident in or a resident of any other State; and
(2) the spouse of a servicemember may elect to use the same residence as the servicemember regardless of the date on which the marriage of the spouse and the servicemember occurred.
(Oct. 17, 1940, ch. 888, title VII, § 705, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2865; amended Pub. L. 111–97, § 2(a), Nov. 11, 2009, 123 Stat. 3007; Pub. L. 115–407, title III, § 303(a), Dec. 31, 2018, 132 Stat. 5373.)
§ 4025a. Portability of professional licenses of servicemembers and their spouses
(a) In generalIn any case in which a servicemember or the spouse of a servicemember has a covered license and such servicemember or spouse relocates his or her residency because of military orders for military service to a location that is not in the jurisdiction of the licensing authority that issued the covered license, such covered license shall be considered valid at a similar scope of practice and in the discipline applied for in the jurisdiction of such new residency for the duration of such military orders if such servicemember or spouse—
(1) provides a copy of such military orders to the licensing authority in the jurisdiction in which the new residency is located;
(2) remains in good standing with—
(A) the licensing authority that issued the covered license; and
(B) every other licensing authority that has issued to the servicemember or the spouse of a servicemember a license valid at a similar scope of practice and in the discipline applied in the jurisdiction of such licensing authority; 1
1 So in original. Probably should be followed by “and”.
(3) submits to the authority of the licensing authority in the new jurisdiction for the purposes of standards of practice, discipline, and fulfillment of any continuing education requirements.
(b) Interstate licensure compacts
(c) Covered license definedIn this section, the term “covered license” means a professional license or certificate—
(1) that is in good standing with the licensing authority that issued such professional license or certificate;
(2) that the servicemember or spouse of a servicemember has actively used during the two years immediately preceding the relocation described in subsection (a); and
(3) that is not a license to practice law.
(Oct. 17, 1940, ch. 888, title VII, § 705A, as added Pub. L. 117–333, § 19(a), Jan. 5, 2023, 136 Stat. 6137.)
§ 4026. Business or trade obligations
(a) Availability of non-business assets to satisfy obligations
(b) Relief to obligors
(Oct. 17, 1940, ch. 888, title VII, § 706, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2865.)
§ 4027. Guarantee of residency for spouses of servicemembers
For the purposes of establishing the residency of a spouse of a servicemember for any purpose (including the registration of a business), the spouse of a servicemember may elect to use the same residence as the servicemember regardless of the date on which the marriage of the spouse and the servicemember occurred.
(Oct. 17, 1940, ch. 888, title VII, § 707, as added Pub. L. 116–92, div. A, title XVII, § 1739(a), Dec. 20, 2019, 133 Stat. 1820; amended Pub. L. 117–81, div. A, title X, § 1081(c), Dec. 27, 2021, 135 Stat. 1922.)