Page:United States Statutes at Large Volume 117.djvu/2883

 117 STAT. 2864

PUBLIC LAW 108–189—DEC. 19, 2003

‘‘(2) DATE OF COMMENCEMENT OF ACTION.—Whenever a civil or administrative action for damages is stayed under paragraph (1) in the case of any servicemember, the action shall have been deemed to have been filed on the date on which the professional liability insurance coverage of the servicemember is reinstated under subsection (c). ‘‘(g) EFFECT OF SUSPENSION UPON LIMITATIONS PERIOD.—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) DEATH DURING PERIOD OF SUSPENSION.—If 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) DEFINITIONS.—For purposes of this section: ‘‘(1) ACTIVE DUTY.—The term ‘active duty’ has the meaning given that term in section 101(d)(1) of title 10, United States Code. ‘‘(2) PROFESSION.—The term ‘profession’ includes occupation. ‘‘(3) PROFESSIONAL.—The term ‘professional’ includes occupational. 50 USC app. 594.

‘‘SEC. 704. HEALTH INSURANCE REINSTATEMENT.

‘‘(a) REINSTATEMENT OF HEALTH INSURANCE.—A servicemember who, by reason of military service as defined in section 703(a)(1), is entitled to the rights and protections of this Act 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

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