Clerk session vote number: 17
Description: SOLDIERS AND SAILORS CIVIL RELIEF ACT AMENDMENTS OF 1991
Bill summary: Soldiers' and Sailors' Civil Relief Act Amendments of 1991 - Amends the Soldiers' and Sailors' Civil Relief Act of 1940 to prohibit an eviction or distress from being made during a period of military service with respect to a premise for which the agreed rent does not exceed $1,200 (currently, $150) per month, when such premise is occupied chiefly by the dependents of the person in military service, except upon leave of the court granted upon application or in a proceeding affecting the rights
Extends the power of attorney coverage under such Act to include a power of attorney that by its terms expires after July 31, 1990.
Provides professional liability protection for persons ordered to active duty after July 31, 1990, who, prior to such date, were engaged in the furnishing of health care services or other services determined by the Secretary of Defense to be professional services and who had in effect a professional liability insurance policy that does not continue coverage during the period of active duty. Specifies that an insurance carrier shall have no liability with respect to any claim that is based on professional conduct of a person that occurs during a period of suspension of such person's professional liability insurance under this Act. Requires an insurance carrier to suspend and to reinstate coverage of such affected person upon receipt of a written request from such person. Requires such person to request reinstatement within 30 days after release from active duty. Provides a minimum period of required coverage by the carrier following reinstatement, without an increase in the insurance premiums charged. Provides for the stay of a civil or administrative action for damages on the basis of professional liability of a person whose insurance has been suspended under these provisions if: (1) the action is based on an act or omission that occurred before the suspension was effective; and (2) the suspended insurance would, on its face, cover the alleged professional misconduct. States that the period of such stay shall not be included in any statute-of-limitations period. Outlines provisions concerning the death of a person whose professional liability insurance has been suspended and the consequences with respect to the suspended insurance coverage on previous or suspended (stayed) claims.
Provides that any person employed and covered under an employer-offered health insurance policy who enters into active military service or training and is reemployed upon returning may not be subject to a waiting period or exclusion of coverage imposed in connection with coverage of a qualifying health or physical condition if: (1) the condition arose before or during such person's period of training or service; (2) no exclusion or waiting period would have been imposed for the condition during a period of coverage resulting from participation by such person in the insurance; and (3) the condition of such person has not been determined by the Secretary of Veterans Affairs to be service-connected.
Provides that any person who, by reason of military service, is entitled to the rights and benefits of the Act shall be entitled upon release from such military duty to reinstatement of any health insurance which: (1) was in effect on the day before such service commenced; and (2) was terminated during the period of such service. Prohibits any exclusion or waiting period from being imposed in connection with reinstatement of health insurance coverage of a health or physical condition covered by the Act if: (1) the condition arose before or during such person's period of training or service; (2) no exclusion or waiting period would have been imposed for the condition during a period of coverage resulting from participation by such person in the insurance; and (3) the condition of such person has not been determined by the Secretary to be a disability incurred or aggravated in the line of duty.
Requires a court, upon application, to stay a judicial action or proceeding involving any member of the armed forces serving on active duty outside the State in which the court is located until after June 30, 1991.
Provides that an application by a person in military service for a stay, postponement, or suspension of the payment of any tax, fine, penalty, insurance premium, or other civil obligation shall not provide the basis for denial or revocation of, or a change in, credit by creditors, a presumption that such individual cannot pay his or her debts due and owing, or refusal of an insurer to insure such individual.
Amends existing law which allows reservists ordered to active duty for not more than 90 days to reemployment rights by removing the 90-day limitation.
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Bill titles: To amend the Soldiers' and Sailors' Civil Relief Act of 1940 to improve and clarify the protections provided by that Act; to amend title 38, United States Code, to clarify veterans reemployment rights and to improve veterans' rights to reinstatement of health insurance; and for other purposes.
Links for more info on the vote: congress.gov