§ 409.4. — 409.4. (Amended by Stats. 2018, Ch. 555, Sec. 16.)

(a)
A person who by reason of military service is entitled to the rights and benefits of this chapter shall also be entitled upon release from that current period of military service to reinstatement of any health insurance that was in effect on the day before the current period of service commenced, and was terminated effective on a date during the period of the service.
(b)
An exclusion or a waiting period may not be imposed in connection with reinstatement of health insurance coverage of a health or physical condition of a person under subdivision (a), or a health or physical condition of any other person who is covered by the insurance by reason of the coverage of that person, if any of
the following apply:
(1)
The condition arose before or during that person’s current period of service.
(2)
An exclusion or waiting period would not have been imposed for the condition during a period of coverage resulting from participation by that person in the insurance.
(3)
The condition of the person has not been determined by the Secretary of Veterans Affairs to be a disability incurred or aggravated in the line of duty within the meaning of Section 105 of Title 38 of the United States Code.
(c)
Any person violating this section shall be liable for actual damages, reasonable attorney’s fees, and costs incurred by the service member or other person
entitled to the benefits and protections of this chapter.

Legislative History

Amended by Stats. 2018, Ch. 555, Sec. 16. (AB 3212) Effective January 1, 2019.