Page:United States Statutes at Large Volume 117.djvu/2881

 117 STAT. 2862 50 USC app. 593.

PUBLIC LAW 108–189—DEC. 19, 2003

‘‘SEC. 703. PROFESSIONAL LIABILITY PROTECTION.

‘‘(a) APPLICABILITY.—This 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, United States Code, 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.—Coverage of a servicemember referred to in subsection (a) by a professional liability insurance policy shall be suspended by the insurance carrier in accordance with this subsection upon receipt of a written request from the servicemember by the insurance carrier. ‘‘(2) PREMIUMS FOR SUSPENDED CONTRACTS.—A 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.—A professional liability insurance carrier shall not be liable with respect to any claim that is based on professional conduct (including any failure to take any action in a professional capacity) of a servicemember that occurs during a period of suspension of that servicemember’s professional liability insurance under this subsection. ‘‘(4) CERTAIN CLAIMS CONSIDERED TO ARISE BEFORE SUSPENSION.—For the purposes of paragraph (3), a claim based upon the failure of a professional to make adequate provision for a patient, client, or other person to receive professional services or other assistance during the period of the professional’s active duty service shall be considered to be based on an action or failure to take action before the beginning of the period of the suspension of professional liability insurance under this subsection, except in a case in which professional services were provided after the date of the beginning of such period. ‘‘(c) REINSTATEMENT OF COVERAGE.— ‘‘(1) REINSTATEMENT REQUIRED.—Professional liability insurance coverage suspended in the case of any servicemember pursuant to subsection (b) shall be reinstated by the insurance

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