§ 806 Reservist Health Coverage Reinstatement

This law requires health insurance companies that covered a reservist before they were called to active duty to keep that coverage after the reservist starts service, with no waiting periods and no exclusions for pre‑existing conditions.

Key Takeaways

•Coverage must be continued after a reservist is ordered to active duty.
•No waiting periods are allowed before the coverage starts.
•Pre‑existing conditions cannot be excluded from the coverage.

Example

A reservist who had health insurance through his employer before being deployed must be allowed to keep that same insurance without any new waiting period or loss of coverage for any condition he already had.

Because the reservist was covered before active duty, the insurer must reinstate the coverage immediately and cannot refuse to pay for any condition that existed before the deployment.

(a) Any entity, which was providing any type of health care coverage, including, but not limited to, health care service plans, specialized health care service plans, and health insurance to a reservist at the time the reservist was ordered to active duty, shall reinstate the health care coverage without waiting periods or exclusion of coverage for preexisting conditions. (b) Pursuant to Section 1386 of the Health and Safety Code, the Director of the Department of Managed Health Care has the authority to enforce the provisions of this section concerning any person or entity subject to regulation under Chapter 2.2 (commencing with Section 1340) of Part 2 of Division 2 of the Health and Safety Code, and may impose any applicable penalties provided for under that section. (c) Pursuant to subdivision (a) of Section 12921 of the Insurance Code, the Insurance Commissioner has the authority to enforce the provisions of this section concerning any person or entity subject to regulation under the Insurance Code, and may impose any applicable penalties provided for under the Insurance Code. (d) The enforcement and penalty provisions of the act that added this subdivision shall apply only to reservists ordered to active duty on or after January 1, 2007. (Amended by Stats. 2006, Ch. 622, Sec. 2. Effective January 1, 2007.)

Key Takeaways

•Coverage must be continued after a reservist is ordered to active duty.
•No waiting periods are allowed before the coverage starts.
•Pre‑existing conditions cannot be excluded from the coverage.

Example

Because the reservist was covered before active duty, the insurer must reinstate the coverage immediately and cannot refuse to pay for any condition that existed before the deployment.

Key Takeaways

Example

Key Terms

References

§ 806 Reservist Health Coverage Reinstatement

Key Takeaways

Example

Key Terms

References

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References