Summary: H.R.5814 — 101st Congress (1989-1990)All Information (Except Text)

Bill summaries are authored by CRS.

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Passed House amended (10/15/1990)

Soldiers' and Sailors' Civil Relief Act Amendments of 1990 - Amends the Soldiers' and Sailors' Civil Relief Act of 1940 (the Act) to provide that an application for a stay of proceedings in a court action involving the military service of an individual shall not constitute an appearance for any purpose.

Prohibits 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 premises 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 of possession.

Extends the power of attorney coverage under the Act to include a power of attorney that by its terms expires after August 2, 1990.

Provides professional liability protection for persons ordered to active duty after August 1, 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. 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. 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 a health insurance policy who goes to active military service or training and returns from such service or training and is reemployed may not be subject to a waiting period or exclusion of coverage upon such return for a preexisting health or physical condition that occurred before or during the period of service or training.

Provides that any person who, by reason of entry into military service, is entitled to the rights and benefits of the Act shall be entitled upon release from such service to reinstatement of any health insurance coverage which: (1) was in effect on the day before such service commenced; and (2) was terminated during the period of such service. Prohibits any health or physical condition occurring before or during the period of such service from being subject to a waiting period or exclusion of coverage upon return from such service.

Provides reemployment rights for all reservists (currently, only those serving on active duty for not more than 90 days) upon their return from any active duty other than for training.