10 U.S.C. § 1145
EDITORIAL NOTES
AMENDMENTS2022-Subsec. (a)(1). Pub. L. 117-263, §702(b)(1)(A), substituted "active service" for "active duty" in introductory provisions.Subsec. (a)(2)(G). Pub. L. 117-263, §702(a), added subpar. (G).Subsec. (a)(3). Pub. L. 117-263, §702(b)(1)(B), substituted "subparagraph (B) or (G) of paragraph (2)" for "paragraph (2)(B)".Subsec. (a)(4). Pub. L. 117-263, §702(b)(1)(C), substituted "active service" for "active duty" wherever appearing and "(D), or (G)" for "or (D)".Subsec. (a)(5)(A), (B). Pub. L. 117-263, §702(b)(1)(D), substituted "active service" for "active duty" wherever appearing.Subsec. (a)(7)(A). Pub. L. 117-263, §702(b)(1)(E), substituted "active service" for "service on active duty" and "active service for" for "active duty for". Subsec. (b)(1). Pub. L. 117-263, §702(b)(2), substituted "active service" for "active duty".Subsec. (d)(1)(A). Pub. L. 117-263, §702(b)(3), substituted "active service" for "active duty".2021-Subsec. (a)(5)(A). Pub. L. 117-81, §717(1), substituted "Except as provided in subparagraph (D), the Secretary" for "The Secretary".Subsec. (a)(5)(D). Pub. L. 117-81, §717(2), added subpar. (D). 2019-Subsec. (a)(5)(C). Pub. L. 116-92 added subpar. (C).2017-Subsec. (a)(2)(B). Pub. L. 115-91, §511(b), substituted "under section 12304b of this title or a provision of law referred to in section 101(a)(13)(B) of this title" for "in support of a contingency operation".Subsec. (a)(5)(A). Pub. L. 115-91, §706(a), inserted "and a mental health assessment conducted pursuant to section 1074n of this title" after "a physical examination". Subsecs. (d) to (f). Pub. L. 115-91, §705, added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively.2013-Subsec. (e). Pub. L. 112-239 inserted "when the Coast Guard is not operating as a service in the Navy" before period at end.2011-Subsec. (a)(4). Pub. L. 112-81 inserted at end "For purposes of the preceding sentence, in the case of a member on active duty as described in subparagraph (B), (C), or (D) of paragraph (2) who, without a break in service, is extended on active duty for any reason, the 180-day period shall begin on the date on which the member is separated from such extended active duty." 2009-Subsec. (a)(1). Pub. L. 111-84, §703(1)(A), substituted "paragraph (4)" for "paragraph (3)" in introductory provisions.Subsec. (a)(1)(A). Pub. L. 111-84, §703(1)(B), inserted "except as provided in paragraph (3)," before "medical and dental care".Subsec. (a)(3) to (7). Pub. L. 111-84, §703(2) -(5), added par. (3), redesignated former pars. (3) to (6) as (4) to (7), respectively, in par. (4) substituted "paragraph (7)" for "paragraph (6)", and in par. (6)(A) substituted "paragraph (5)" for "paragraph (4)".2008-Subsec. (a)(2)(E). Pub. L. 110-317 added subpar. (E).Subsec. (a)(2)(F). Pub. L. 110-417 added subpar. (F).Subsec. (a)(3). Pub. L. 110-181, §1637(1), substituted "Except as provided in paragraph (6), transitional health care" for "Transitional health care".Subsec. (a)(6). Pub. L. 110-181, §1637(2), added par. (6).2006-Subsec. (a)(5). Pub. L. 109-163 added par. (5). 2004-Subsec. (a)(1). Pub. L. 108-375, §706(a)(3), struck out "applicable" before "time period" in introductory provisions.Subsec. (a)(3). Pub. L. 108-375, §706(a)(1), amended par. (3) generally. Prior to amendment, par. (3) read as follows: "Transitional health care shall be available under subsection (a) for a specified time period beginning on the date on which the member is separated as follows:"(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). Pub. L. 108-375, §706(b), added par. (4). 2002-Subsec. (a)(1). Pub. L. 107-314, §706(a), amended Pub. L. 107-107, §736(a)(1) . See 2001 Amendment note below.Subsec. (e). Pub. L. 107-314, §706(b), amended Pub. L. 107-107, §736(b)(2) . See 2001 Amendment note below. Pub. L. 107-296 substituted "of Homeland Security" for "of Transportation".2001-Subsec. (a)(1). Pub. L. 107-107, §736(a)(1), as amended by Pub. L. 107-314, §706(a), in introductory provisions, substituted "paragraph (3), a member of the armed forces who is separated from active duty as described in paragraph (2) (and the dependents of the member)" for "paragraph (2), a member of the armed forces who is involuntarily separated from active duty during the period beginning on October 1, 1990, and ending on December 31, 2001 (and the dependents of the member),".Subsec. (a)(2). Pub. L. 107-107, §736(a)(3), added par. (2). Former par. (2) redesignated (3).Subsec. (a)(3). Pub. L. 107-107, §736(a)(2), (4), redesignated par. (2) as (3) and struck out "involuntarily" before "separated" wherever appearing. Subsec. (c)(1). Pub. L. 107-107, §736(b)(1), struck out "during the period beginning on October 1, 1990, and ending on December 31, 2001" after "armed forces".Subsec. (e). Pub. L. 107-107, §736(b)(2), as amended by Pub. L. 107-314, §706(b), substituted "the members of the Coast Guard and their dependents" for "the Coast Guard" in second sentence and struck out first sentence which read as follows: "The provisions of this section shall apply to members of the Coast Guard (and their dependents) involuntarily separated from active duty during the period beginning on October 1, 1994, and ending on December 31, 2001." 2000-Subsecs. (a)(1), (c)(1), (e). Pub. L. 106-398 substituted "December 31, 2001" for "September 30, 2001". 1998-Subsecs. (a)(1), (c)(1). Pub. L. 105-261, §561(h)(1), substituted "during the period beginning on October 1, 1990, and ending on September 30, 2001" for "during the nine-year period beginning on October 1, 1990".Subsec. (e). Pub. L. 105-261, §561(h)(2), substituted "during the period beginning on October 1, 1994, and ending on September 30, 2001" for "during the five-year period beginning on October 1, 1994".1994-Subsec. (e). Pub. L. 103-337 added subsec. (e).1993-Subsecs. (a)(1), (c)(1). Pub. L. 103-160 substituted "nine-year period" for "five-year period".1992-Subsec. (b)(1). Pub. L. 102-484, §4407(a)(1), inserted at end "A conversion health policy offered under this paragraph shall provide coverage for not less than an 18-month period."Subsec. (b)(2)(A). Pub. L. 102-484, §4407(a)(2), substituted "18-month period" for "one-year period".Subsec. (b)(4) to (6). Pub. L. 102-484, §4407(a)(3), added pars. (4) to (6).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110-417, [div. A], title VII, §734(b), Oct. 14, 2008, 122 Stat. 4513, provided that: "Subparagraph (F) of section 1145(a)(2) of title 10, United States Code, as added by subsection (a), shall apply with respect to members of the Armed Forces separated from active duty after the date of the enactment of this Act [Oct. 14, 2008]." Amendment by Pub. L. 110-317 applicable with respect to any sole survivorship discharge granted after Aug. 29, 2008, see section 10 of Pub. L. 110-317, set out as a note under section 2108 of Title 5, Government Organization and Employees.
EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107-314, div. A, title VII, §706(c), Dec. 2, 2002, 116 Stat. 2585, provided that: "The amendments made by this section [amending this section] shall take effect as of December 28, 2001, and as if included in the National Defense Authorization Act for Fiscal Year 2002 [Pub. L. 107-107] as enacted."Amendment by Pub. L. 107-296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107-296, set out as a note under section 101 of this title.
EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103-337 applicable only to members of the Coast Guard who are separated after Sept. 30, 1994, see section 542(e) of Pub. L. 103-337, set out as a note under section 1141 of this title.
TRANSITIONAL HEALTH BENEFITS FOR CERTAIN MEMBERS OF THE NATIONAL GUARD SERVING UNDER ORDERS IN RESPONSE TO THE CORONAVIRUS (COVID-19) Pub. L. 116-283, div. A, title VII, §733, Jan. 1, 2021, 134 Stat. 3702, provided that:"(a) IN GENERAL.-The Secretary of Defense shall provide to a member of the National Guard separating from active service after serving on full-time National Guard duty pursuant to section 502(f) of title 32, United States Code, the health benefits authorized under section 1145 of title 10, United States Code, for a member of a reserve component separating from active duty, as referred to in subsection (a)(2)(B) of such section 1145, if the active service from which the member of the National Guard is separating was in support of the whole of government response to the coronavirus (COVID-19)."(b) DEFINITIONS.-In this section, the terms 'active duty', 'active service', and 'full-time National Guard duty' have the meanings given those terms in section 101(d) of title 10, United States Code."
MENTAL HEALTH CARE TREATMENT THROUGH TELEMEDICINE Pub. L. 113-66, div. A, title VII, §702, Dec. 26, 2013, 127 Stat. 790, provided that: "(a) PROVISION OF MENTAL HEALTH CARE VIA TELEMEDICINE.- "(1) IN GENERAL.-In carrying out the Transitional Assistance Management Program, the Secretary of Defense may extend the coverage of such program for covered individuals for an additional 180 days for mental health care provided through telemedicine."(2) REPORT.-If the Secretary extends coverage under paragraph (1), by not later than one year after the date of carrying out such extension, the Secretary shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report that includes the following: "(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) TERMINATION.-The authority of the Secretary to carry out subsection (a) shall terminate on December 31, 2018. "(b) REPORT ON USE OF TELEMEDICINE.-"(1) IN GENERAL.-Not later than 270 days after the date of the enactment of this Act [Dec. 26, 2013], the Secretary shall submit to the congressional defense committees a report on the use of telemedicine to improve the diagnosis and treatment of post-traumatic stress disorder, traumatic brain injuries, and mental health conditions. "(2) ELEMENTS.-The report under paragraph (1) shall address the following:"(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) DEFINITIONS.-In this section: "(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 Pub. L. 108-136, div. A, title VII, §704, Nov. 24, 2003, 117 Stat. 1527, which provided during the period beginning on Nov. 24, 2003, and ending on Dec. 31, 2004, for the extension of transitional health care benefits to 180 days for members separated from active duty, was repealed by Pub. L. 108-375, div. A, title VII, §706(a)(2)(A), Oct. 28, 2004, 118 Stat. 1983. Pub. L. 108-106, §1117, Nov. 6, 2003, 117 Stat. 1218, which provided during the period beginning on Nov. 6, 2003, and ending on Sept. 30, 2004, for the extension of transitional health care benefits to 180 days for members separated from active duty, was repealed by Pub. L. 108-375, div. A, title VII, §706(a)(2)(B), Oct. 28, 2004, 118 Stat. 1983.
APPLICATION OF AMENDMENTS BY PUB. L. 102-484 TO EXISTING CONTRACTSFor provisions relating to the application of the amendments by section 4407 of Pub. L. 102-484 to conversion health policies provided under subsec. (b) of this section and in effect on Oct. 23, 1992, see section 4407(c) of Pub. L. 102-484, set out as a note under section 1086a of this title.
TRANSITIONAL PROVISION Pub. L. 102-484, div. D, title XLIV, §4408(b), Oct. 23, 1992, 106 Stat. 2712, provided that: "The Secretary of Defense shall provide a period for the enrollment for health benefits coverage under this section [enacting section 1078a of this title and provisions set out as notes under this section and section 1086a of this title] by members and former members of the Armed Services for whom the availability of transitional health care under section 1145(a) of title 10, United States Code, expires before the October 1, 1994, implementation date of section 1078a of such title, as added by subsection (a)."
TERMINATION OF APPLICABILITY OF OTHER CONVERSION HEALTH POLICIESFor 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 Pub. L. 102-484, set out as a note under section 1086a of this title.
- includes
- "includes" means "includes but is not limited to"; and
- National Guard
- The term "National Guard" means the Army National Guard and the Air National Guard.
- Secretary concerned
- The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
- active duty for a period of more than 30 days
- The term "active duty for a period of more than 30 days" means active duty under a call or order that does not specify a period of 30 days or less.
- active duty
- The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
- active service
- The term "active service" means service on active duty or full-time National Guard duty.
- armed forces
- The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
- congressional defense committees
- The term "congressional defense committees" means-(A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and(B) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
- contingency operation
- The term "contingency operation" means a military operation that-(A) is designated by the Secretary of Defense as an operation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force; or(B) results in the call or order to, or retention on, active duty of members of the uniformed services under section 688, 12301(a), 12302, 12304, 12304a, 12305, or 12406 of this title, chapter 13 of this title, section 3713 of title 14, or any other provision of law during a war or during a national emergency declared by the President or Congress.
- full-time National Guard duty
- The term "full-time National Guard duty" means training or other duty, other than inactive duty, performed by a member of the Army National Guard of the United States or the Air National Guard of the United States in the member's status as a member of the National Guard of a State or territory, the Commonwealth of Puerto Rico, or the District of Columbia under section 316, 502, 503, 504, or 505 of title 32 for which the member is entitled to pay from the United States or for which the member has waived pay from the United States.
- pay
- The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.
- uniformed services
- The term "uniformed services" means-(A) the armed forces;(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and(C) the commissioned corps of the Public Health Service.