§657D-63 Reinstatement of health insurance coverage upon release from service. (a) A person who, by reason of service in the state military forces is entitled to the rights and benefits of this chapter, shall be entitled upon release from such military service to reinstatement of any health insurance which was:

(1) In effect on the day before service commenced; and

(2) Terminated effective on a date during the period of service.

(b) An exclusion or a waiting period may not be imposed in connection with reinstatement of health insurance coverage for a health or physical condition of a person under subsection (a), or a health or physical condition for any other person who is covered by the insurance by reason of the coverage of such person, if:

(1) The condition arose before or during that person's period of training or service in the state military forces;

(2) An exclusion or waiting period would not have been imposed for the condition during a period of coverage [or] participation by such person in the insurance; and

(3) The condition of such person has not been determined by the adjutant general to be a disability incurred or aggravated in the line of duty, within the meaning of [title] 38 United States Code section 105.

(c) Subsection (a) does not apply in the case of employer-offered insurance benefits in which a person referred to in such subsection is entitled to participate pursuant to [title] 38 United States Code section 2021 et seq. [L 1994, c 257, pt of §2]

Revision Note

Subsection (a) designation added pursuant to §23G-15.