Page:United States Statutes at Large Volume 105 Part 1.djvu/64

 105 STAT. 36 PUBLIC LAW 102-12 —MAR. 18, 1991 suspension, except to the extent of any general increase in the premium amounts charged by that carrier for the same professional liability coverage for persons similarly covered by such insurance during the period of the suspension. "(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.". SEC. 5. HEALTH INSURANCE REINSTATEMENT UPON REEMPLOYMENT. (a) AMENDMENT TO TITLE 38.—Paragraph (1) of section 2021(b) of title 38, United States Code, is amended— (1) by inserting "(A)" after "(b)(D"; and

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