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Title 10 — Armed ForcesRelease 119-73

§1086a Certain former spouses: extension of period of eligibility for health benefits

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART II— - PERSONNEL › Chapter CHAPTER 55— - MEDICAL AND DENTAL CARE › § 1086a

Last updated Apr 6, 2026|Official source

Summary

The Secretary of Defense must tell anyone who was a dependent for at least one year that they can buy a conversion health policy. That policy must cover at least 24 months. If the person buys the policy during that one-year dependent period (or within a reasonable time after, set by the Secretary), they keep military medical, dental, and other health benefits until the end of a 24-month period that starts on whichever is later: the date they stop being a dependent or the date they buy the policy. That extra eligibility only applies to conditions that exist when the new coverage begins and only if care is not denied solely because the condition is a preexisting one. If the Department cannot arrange private policies at an acceptable rate, the Department will provide the coverage through the civilian military health program. The person must pay the same individual plus government share that would apply under the comparable plan, plus up to 2 percent more for administration, but their total cost cannot exceed the comparable rate. The Secretary may offer a plan with reduced mental health benefits and higher cost-sharing to lower premiums. A conversion health policy is a private insurance plan the Secretary negotiates and makes available to someone who was a dependent for one year.

Full Legal Text

Title 10, §1086a

Armed Forces — Source: USLM XML via OLRC

(a)The Secretary of Defense shall inform each person who has been a dependent for a period of one year or more under section 1072(2)(H) of this title of the availability of a conversion health policy for purchase by the person. A conversion health policy offered under this subsection shall provide coverage for not less than a 24-month period.
(b)(1)Subject to paragraph (2), if a person who is a dependent for a one-year period under section 1072(2)(H) of this title purchases a conversion health policy within that period (or within a reasonable time after that period as prescribed by the Secretary of Defense), the person shall continue to be eligible for medical and dental care in the manner described in section 1076 of this title and health benefits under section 1086 of this title until the end of the 24-month period beginning on the later of—
(A)the date the person is no longer a dependent under section 1072(2)(H) of this title; and
(B)the date of the purchase of the policy.
(2)The extended period of eligibility provided under paragraph (1) shall apply only with regard to a condition of the person that—
(A)exists on the date on which coverage under the conversion health policy begins; and
(B)for which care is not provided under the policy solely on the grounds that the condition is a preexisting condition.
(c)(1)If the Secretary of Defense is unable, within a reasonable time, to enter into a contract with a private insurer to offer conversion health policies under subsection (a) at a rate not to exceed the payment required under section 8905a(d)(1)(A) of title 5 for comparable coverage, the Secretary shall provide the coverage required under such a policy through the Civilian Health and Medical Program of the Uniformed Services. Subject to paragraph (2), a person receiving coverage under this subsection 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).
(2)The amount paid by a person who purchases a conversion health policy from the Secretary of Defense under paragraph (1) may not exceed the payment required under section 8905a(d)(1)(A) of title 5 for comparable coverage.
(3)In order to reduce premiums required under paragraph (1), the Secretary of Defense may offer a program of coverage that, with respect to mental health services, offers reduced coverage and increased cost-sharing by the purchaser.
(d)In this section, the term “conversion health policy” means a health insurance policy with a private insurer, developed through negotiations between the Secretary of Defense and the private insurer, that is available for purchase by or for the use of a person who is a dependent for a one-year period under section 1072(2)(H) of this title.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1993—Subsec. (b)(1). Pub. L. 103–35 made technical amendment to directory language of Pub. L. 102–484, § 4407(b)(2). See 1992 Amendment note below. 1992—Subsec. (a). Pub. L. 102–484, § 4407(b)(1), inserted at end “A conversion health policy offered under this subsection shall provide coverage for not less than a 24-month period.” Subsec. (b)(1). Pub. L. 102–484, § 4407(b)(2), as amended by Pub. L. 103–35, substituted “24-month period” for “one-year period” the second place appearing in the introductory provisions of par. (1). Subsecs. (c), (d). Pub. L. 102–484, § 4407(b)(3), (4), added subsec. (c) and redesignated former subsec. (c) as (d).

Statutory Notes and Related Subsidiaries

Effective Date

of 1993 AmendmentAmendment by Pub. L. 103–35 applicable as if included in the enactment of Pub. L. 102–484, see section 202(b) of Pub. L. 103–35, set out as a note under section 155 of this title.

Effective Date

Section applicable to a person referred to in 10 U.S.C. 1072(2)(H) whose decree of divorce, dissolution, or annulment becomes final on or after Nov. 29, 1989, and to a person so referred to whose decree became final during the period from Sept. 29, 1988 to Nov. 28, 1989, as if section had become effective on Sept. 29, 1988, see section 731(d) of Pub. L. 101–189, set out as an

Effective Date

of 1989 Amendment note under section 1072 of this title. Application of

Amendments

by Pub. L. 102–484 to Existing Contracts Pub. L. 102–484, div. D, title XLIV, § 4407(c), Oct. 23, 1992, 106 Stat. 2708, provided that: “In the case of conversion health policies provided under section 1145(b) or 1086a(a) of title 10, United States Code, and in effect on the date of the enactment of this Act [Oct. 23, 1992], the Secretary of Defense shall— “(1) arrange with the private insurer providing these policies to extend the term of the policies (and coverage of preexisting conditions) as provided by the

Amendments

made by this section [amending this section and section 1145 of this title]; or “(2) make other arrangements to implement the

Amendments

made by this section with respect to these policies.” Termination of Applicability of Other Conversion Health Policies Pub. L. 102–484, div. D, title XLIV, § 4408(c), Oct. 23, 1992, 106 Stat. 2712, provided that: “(1) No person may purchase a conversion health policy under section 1145(b) or 1086a of title 10, United States Code, on or after October 1, 1994. A person covered by such a conversion health policy on that date may cancel that policy and enroll in a health benefits plan under section 1078a of such title. “(2) No person may be covered concurrently by a conversion health policy under section 1145(b) or 1086a of such title and a health benefits plan under section 1078a of such title.”

Reference

Citations & Metadata

Citation

10 U.S.C. § 1086a

Title 10 — Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73