Section 409.4 Of Chapter 7.5. Protections From California Military And Veterans Code >> Division 2. >> Part 1. >> Chapter 7.5.
409.4
. (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 military service to reinstatement of any
health insurance that was in effect on the day before the 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 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.