§1145. Health benefits
(a)
(A) except as provided in paragraph (3), medical and dental care under section 1076 of this title in the same manner as a dependent described in subsection (a)(2) of such section; and
(B) health benefits contracted under the authority of section 1079(a) of this title and subject to the same rates and conditions as apply to persons covered under that section.
(2) This subsection applies to the following members of the armed forces:
(A) A member who is involuntarily separated from active duty.
(B) A member of a reserve component who is separated from active duty to which called or ordered under section 12304b of this title or a provision of law referred to in section 101(a)(13)(B) of this title if the active duty is active duty for a period of more than 30 days.
(C) A member who is separated from active duty for which the member is involuntarily retained under section 12305 of this title in support of a contingency operation.
(D) A member who is separated from active duty served pursuant to a voluntary agreement of the member to remain on active duty for a period of less than one year in support of a contingency operation.
(E) A member who receives a sole survivorship discharge (as defined in section 1174(i) of this title).
(F) A member who is separated from active duty who agrees to become a member of the Selected Reserve of the Ready Reserve of a reserve component.
(G) A member of the National Guard who is separated from full-time National Guard Duty to which called or ordered under section 502(f) of title 32 for a period of active service of more than 30 days to perform duties that are authorized by the President or the Secretary of Defense for the purpose of responding to a national emergency declared by Congress or the President and supported by Federal funds.
(3) In the case of a member described in subparagraph (B) or (G) of paragraph (2), the dental care to which the member is entitled under this subsection shall be the dental care to which a member of the uniformed services on active duty for more than 30 days is entitled under section 1074 of this title.
(4) Except as provided in paragraph (7), transitional health care for a member under subsection (a) shall be available for 180 days beginning on the date on which the member is separated from active service. For purposes of the preceding sentence, in the case of a member on active service as described in subparagraph (B), (C), (D), or (G) of paragraph (2) who, without a break in service, is extended on active service for any reason, the 180-day period shall begin on the date on which the member is separated from such extended active service.
(5)(A) Except as provided in subparagraph (D), the Secretary concerned shall require a member of the armed forces scheduled to be separated from active service as described in paragraph (2) to undergo a physical examination and a mental health assessment conducted pursuant to section 1074n of this title immediately before that separation. The physical examination shall be conducted in accordance with regulations prescribed by the Secretary of Defense.
(B) Notwithstanding subparagraph (A), if a member of the armed forces scheduled to be separated from active service as described in paragraph (2) has otherwise undergone a physical examination within 12 months before the scheduled date of separation from active service, the requirement for a physical examination under subparagraph (A) may be waived in accordance with regulations prescribed under this paragraph. Such regulations shall require that such a waiver may be granted only with the consent of the member and with the concurrence of the member's unit commander.
(C) The Secretary concerned shall ensure that each physical examination of a member under subparagraph (A) includes an assessment of whether the member was-
(i) based or stationed at a location where an open burn pit, as defined in subsection (c) of section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (
(ii) exposed to toxic airborne chemicals or other airborne contaminants, including any information recorded as part of the registry established by the Secretary of Veterans Affairs under such section 201.
(D) The requirement for a physical examination and mental health assessment under subparagraph (A) shall not apply with respect to a member of a reserve component described in paragraph (2)(B) unless the member is retiring, or being discharged or dismissed, from the armed forces.
(6)(A) The Secretary of Defense shall, in consultation with the Secretary of Veterans Affairs, ensure that appropriate actions are taken to assist a member of the armed forces who, as a result of a medical examination under paragraph (5), receives an indication for a referral for follow up treatment from the health care provider who performs the examination.
(B) Assistance provided to a member under paragraph (1) shall include the following:
(i) Information regarding, and any appropriate referral for, the care, treatment, and other services that the Secretary of Veterans Affairs may provide to such member under any other provision of law, including-
(I) clinical services, including counseling and treatment for post-traumatic stress disorder and other mental health conditions; and
(II) any other care, treatment, and services.
(ii) Information on the private sector sources of treatment that are available to the member in the member's community.
(iii) Assistance to enroll in the health care system of the Department of Veterans Affairs for health care benefits for which the member is eligible under laws administered by the Secretary of Veterans Affairs.
(7)(A) A member who has a medical condition relating to active service that warrants further medical care that has been identified during the member's 180-day transition period, which condition can be resolved within 180 days as determined by a Department of Defense physician, shall be entitled to receive medical and dental care for that medical condition, and that medical condition only, as if the member were a member of the armed forces on active service for 180 days following the diagnosis of the condition.
(B) The Secretary concerned shall ensure that the Defense Enrollment and Eligibility Reporting System (DEERS) is continually updated in order to reflect the continuing entitlement of members covered by subparagraph (A) to the medical and dental care referred to in that subparagraph.
(b)
(2) If a member referred to in subsection (a) purchases a conversion health policy during the period applicable to the member (or within a reasonable time after that period as prescribed by the Secretary of Defense), the Secretary shall provide health care, or pay the costs of health care provided, to the member and the dependents of the member-
(A) during the 18-month period beginning on the date on which coverage under the conversion health policy begins; and
(B) for a condition (including pregnancy) that exists on such date and for which care is not provided under the policy solely on the grounds that the condition is a preexisting condition.
(3) The Secretary of Defense may arrange for the provision of health care described in paragraph (2) through a contract with the insurer offering the conversion health policy.
(4) If the Secretary of Defense is unable, within a reasonable time, to enter into a contract with a private insurer to provide the conversion health policy required under paragraph (1) at a rate not to exceed the payment required under section 8905a(d)(1)(A) of title 5 for comparable coverage, the Secretary shall offer such a policy under the Civilian Health and Medical Program of the Uniformed Services. Subject to paragraph (5), a member purchasing a policy from the Secretary shall be required to pay into the Military Health Care Account or other appropriate account an amount equal to the sum of-
(A) the individual and Government contributions which would be required in the case of a person enrolled in a health benefits plan contracted for under section 1079 of this title; and
(B) an amount necessary for administrative expenses, but not to exceed two percent of the amount under subparagraph (A).
(5) The amount paid by a member who purchases a conversion health policy from the Secretary of Defense under paragraph (4) may not exceed the payment required under section 8905a(d)(1)(A) of title 5 for comparable coverage.
(6) In order to reduce premiums required under paragraph (4), the Secretary of Defense may offer a conversion health policy that, with respect to mental health services, offers reduced coverage and increased cost-sharing by the purchaser.
(c)
(2) The Secretary concerned shall give special consideration to requests for such care in cases in which the condition for which treatment is required was incurred or aggravated by the member or the dependent before the date of the separation of the member, particularly if the condition is a result of the particular circumstances of the service of the member.
(d)
(A) during the two-year period before the date on which the member is scheduled to be separated from the armed forces served on active service in support of a contingency operation for a period of more than 30 days;
(B) will not otherwise receive such an examination under such subsection; and
(C) elects to receive such a physical examination.
(2) The Secretary concerned shall-
(A) provide the physical examination under paragraph (1) to a member during the 90-day period before the date on which the member is scheduled to be separated from the armed forces; and
(B) issue orders to such a member to receive such physical examination.
(3) A member may not be entitled to health care benefits pursuant to subsection (a), (b), or (c) solely by reason of being provided a physical examination under paragraph (1).
(4) In providing to a member a physical examination under paragraph (1), the Secretary concerned shall provide to the member a record of the physical examination.
(e)
(f)
(Added
Editorial Notes
Amendments
2022-Subsec. (a)(1).
Subsec. (a)(2)(G).
Subsec. (a)(3).
Subsec. (a)(4).
Subsec. (a)(5)(A), (B).
Subsec. (a)(7)(A).
Subsec. (b)(1).
Subsec. (d)(1)(A).
2021-Subsec. (a)(5)(A).
Subsec. (a)(5)(D).
2019-Subsec. (a)(5)(C).
2017-Subsec. (a)(2)(B).
Subsec. (a)(5)(A).
Subsecs. (d) to (f).
2013-Subsec. (e).
2011-Subsec. (a)(4).
2009-Subsec. (a)(1).
Subsec. (a)(1)(A).
Subsec. (a)(3) to (7).
2008-Subsec. (a)(2)(E).
Subsec. (a)(2)(F).
Subsec. (a)(3).
Subsec. (a)(6).
2006-Subsec. (a)(5).
2004-Subsec. (a)(1).
Subsec. (a)(3).
"(A) For members separated with less than six years of active service, 60 days.
"(B) For members separated with six or more years of active service, 120 days."
Subsec. (a)(4).
2002-Subsec. (a)(1).
Subsec. (e).
2001-Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (c)(1).
Subsec. (e).
2000-Subsecs. (a)(1), (c)(1), (e).
1998-Subsecs. (a)(1), (c)(1).
Subsec. (e).
1994-Subsec. (e).
1993-Subsecs. (a)(1), (c)(1).
1992-Subsec. (b)(1).
Subsec. (b)(2)(A).
Subsec. (b)(4) to (6).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment by
Effective Date of 2002 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by
Transitional Health Benefits for Certain Members of the National Guard Serving Under Orders in Response to the Coronavirus (COVID–19)
"(a)
"(b)
Mental Health Care Treatment Through Telemedicine
"(a)
"(1)
"(2)
"(A) The rate at which individuals are using the extended coverage provided pursuant to paragraph (1).
"(B) A description of the mental health care provided pursuant to such subsection.
"(C) An analysis of how the Secretary and the Secretary of Veterans Affairs coordinate the continuation of care with respect to veterans who are no longer eligible for the Transitional Assistance Management Program.
"(D) Any other factors the Secretary of Defense determines necessary with respect to extending coverage of the Transitional Assistance Management Program.
"(3)
"(b)
"(1)
"(2)
"(A) The current status, as of the date of the report, of telemedicine initiatives within the Department of Defense to diagnose and treat post-traumatic stress disorder, traumatic brain injuries, and mental health conditions.
"(B) Plans for integrating telemedicine into the military health care system, including in health care delivery, records management, medical education, public health, and private sector partnerships.
"(C) The status of the integration of the telemedicine initiatives of the Department with the telemedicine initiatives of the Department of Veterans Affairs.
"(D) A description and assessment of challenges to the use of telemedicine as a means of in-home treatment, outreach in rural areas, and in settings that provide group treatment or therapy in connection with treatment of post-traumatic stress disorder, traumatic brain injuries, and mental health conditions, and a description and assessment of efforts to address such challenges.
"(E) A description of privacy issues related to the use of telemedicine for the treatment of post-traumatic stress disorder, traumatic brain injuries, and mental health conditions, and recommendations for mechanisms to remedy any privacy concerns relating to such use of telemedicine.
"(F) A description of professional licensing issues with respect to licensed medical providers who provide treatment using telemedicine.
"(c)
"(1) The term 'covered individual' means an individual who-
"(A) during the initial 180-day period of being enrolled in the Transitional Assistance Management Program, received any mental health care; or
"(B) during the one-year period preceding separation or discharge from the Armed Forces, received any mental health care.
"(2) The term 'telemedicine' means the use by a health care provider of telecommunications to assist in the diagnosis or treatment of a patient's medical condition."
Temporary Extension of Transitional Health Care Benefits
Application of Amendments by Pub. L. 102–484 to Existing Contracts
For provisions relating to the application of the amendments by section 4407 of
Transitional Provision
Termination of Applicability of Other Conversion Health Policies
For provisions prohibiting purchase of, and allowing cancellation of, conversion health policies under subsec. (b) of this section on or after Oct. 1, 1994, see section 4408(c) of