HF 2611

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to insurance; medicare supplement; providing 
  1.3             eligibility without underwriting to certain disabled 
  1.4             medicare enrollees; amending Minnesota Statutes 1995 
  1.5             Supplement, section 62A.31, subdivision 1h. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1995 Supplement, section 
  1.8   62A.31, subdivision 1h, is amended to read: 
  1.9      Subd. 1h.  [LIMITATIONS ON DENIALS, CONDITIONS, AND PRICING 
  1.10  OF COVERAGE.] (a) No issuer of Medicare supplement policies, 
  1.11  including policies that supplement Medicare issued by health 
  1.12  maintenance organizations or those policies governed by section 
  1.13  1833 or 1876 of the federal Social Security Act, United States 
  1.14  Code, title 42, section 1395, et seq., in this state may impose 
  1.15  preexisting condition limitations or otherwise deny or condition 
  1.16  the issuance or effectiveness of any Medicare supplement 
  1.17  insurance policy form available for sale in this state, nor may 
  1.18  it discriminate in the pricing of such a policy, because of the 
  1.19  health status, claims experience, receipt of health care, 
  1.20  medical condition, or age of an applicant where an application 
  1.21  for such insurance is submitted during the six-month period 
  1.22  beginning with the first month in which an individual first 
  1.23  enrolled for benefits under Medicare Part B. 
  1.24     (b) This Paragraph (a) applies regardless of whether the 
  1.25  individual has attained the age of 65 years.  If an individual 
  2.1   who is enrolled in Medicare Part B due to disability status is 
  2.2   involuntarily disenrolled due to loss of disability status, the 
  2.3   individual is eligible for the six-month enrollment period 
  2.4   provided under this subdivision if the individual later becomes 
  2.5   eligible for and enrolls again in Medicare Part B. 
  2.6      (c) If an individual was enrolled in Medicare Part B due to 
  2.7   disability status before January 22, 1993, and remains 
  2.8   continuously enrolled in Medicare Part B until attaining the age 
  2.9   of 65 years on or after January 1, 1995, the individual is 
  2.10  eligible for the six-month period provided under this 
  2.11  subdivision, during the six-month enrollment period beginning 
  2.12  with the month in which the individual attains the age of 65 
  2.13  years. 
  2.14     (d) If an individual was enrolled in Medicare Part B due to 
  2.15  disability status before January 22, 1993, and attained the age 
  2.16  of 65 years after November 4, 1991, but before January 1, 1995, 
  2.17  the individual is eligible for the six-month enrollment period 
  2.18  provided under this subdivision, beginning January 1, 1995, and 
  2.19  ending June 30, 1995. 
  2.20     (e) If an individual was enrolled in Medicare Part B due to 
  2.21  disability before January 1, 1995, and did not then have the 
  2.22  six-month enrollment period provided under this subdivision 
  2.23  because the individual was not then a resident of this state, or 
  2.24  of another state that then provided a substantially similar 
  2.25  enrollment period for individuals enrolling in Medicare Part B 
  2.26  due to disability, the individual is eligible for the six-month 
  2.27  enrollment period provided under this paragraph:  
  2.28     (1) beginning January 1, 1995, and ending June 30, 1995, if 
  2.29  the individual is a Minnesota resident during that period and 
  2.30  attained the age of 65 years after November 4, 1991, but before 
  2.31  January 1, 1995; or 
  2.32     (2) beginning with the month in which the individual 
  2.33  attains the age of 65 years, if the individual is a Minnesota 
  2.34  resident who attains the age of 65 years on or after January 1, 
  2.35  1995. 
  2.36     (f) If an individual is: 
  3.1      (1) enrolled in Medicare Part B due to disability status; 
  3.2   and 
  3.3      (2) has been covered by a large group health plan, as 
  3.4   defined in United States Code, title 42, section 
  3.5   1395y(b)(1)(B)(iv), that is a secondary payer with respect to 
  3.6   that individual's Medicare Part B coverage under United States 
  3.7   Code, title 42, section 1395y(b)(1)(B); the individual is 
  3.8   eligible for the six-month enrollment period provided under this 
  3.9   subdivision, beginning with the first month in which the 
  3.10  individual is no longer covered by the large group health plan 
  3.11  or in which the large group health plan is no longer primary.  
  3.12  This paragraph applies regardless of whether or not the 
  3.13  individual has previously had the six-month enrollment period 
  3.14  provided in this subdivision. 
  3.15     Sec. 2.  [EFFECTIVE DATE.] 
  3.16     Section 1 is effective the day following final enactment.