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HF 1790

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 02/27/2023 03:40pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/14/2023
1st Engrossment Posted on 02/27/2023

Current Version - 1st Engrossment

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A bill for an act
relating to insurance; health; prohibiting preexisting condition limitations in
Medicare supplement insurance policies; modifying and adding provisions
governing Medicare supplement benefits; amending Minnesota Statutes 2022,
sections 62A.3099, by adding a subdivision; 62A.31, subdivisions 1, 1f, 1h, 1p,
1u, 4, by adding a subdivision; 62A.44, subdivision 2; repealing Minnesota Statutes
2022, section 62A.31, subdivisions 1b, 1i.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 62A.3099, is amended by adding a subdivision
to read:


new text begin Subd. 18b. new text end

new text begin Open enrollment period. new text end

new text begin "Open enrollment period" means the time period
described in Code of Federal Regulations, title 42, section 422.62, paragraph (a), clauses
(3) to (5), as amended.
new text end

Sec. 2.

Minnesota Statutes 2022, section 62A.31, subdivision 1, is amended to read:


Subdivision 1.

Policy requirements.

No individual or group policy, certificate, subscriber
contract issued by a health service plan corporation regulated under chapter 62C, or other
evidence of accident and health insurance the effect or purpose of which is to supplement
Medicare coverage, including to supplement coverage under Medicare Advantage plans
established under Medicare Part C, issued or delivered in this state or offered to a resident
of this state shall be sold or issued to an individual covered by Medicare unless the
requirements in subdivisions 1a to deleted text begin1vdeleted text endnew text begin 1wnew text end are met.

Sec. 3.

Minnesota Statutes 2022, section 62A.31, subdivision 1f, is amended to read:


Subd. 1f.

Suspension based on entitlement to medical assistance.

(a) The policy or
certificate must provide that benefits and premiums under the policy or certificate shall be
suspended for any period that may be provided by federal regulation at the request of the
policyholder or certificate holder for the period, not to exceed 24 months, in which the
policyholder or certificate holder has applied for and is determined to be entitled to medical
assistance under title XIX of the Social Security Act, but only if the policyholder or certificate
holder notifies the issuer of the policy or certificate within 90 days after the date the
individual becomes entitled to this assistance.

(b) If suspension occurs and if the policyholder or certificate holder loses entitlement
to this medical assistance, the policy or certificate shall be automatically reinstated, effective
as of the date of termination of this entitlement, if the policyholder or certificate holder
provides notice of loss of the entitlement within 90 days after the date of the loss and pays
the premium attributable to the period, effective as of the date of termination of entitlement.

(c) The policy must provide that upon reinstatement (1) there is no deleted text beginadditionaldeleted text end waiting
period with respect to treatment of preexisting conditions, (2) coverage is provided which
is substantially equivalent to coverage in effect before the date of the suspension. If the
suspended policy provided coverage for outpatient prescription drugs, reinstitution of the
policy for Medicare Part D enrollees must be without coverage for outpatient prescription
drugs and must otherwise provide coverage substantially equivalent to the coverage in effect
before the date of suspension, and (3) premiums are classified on terms that are at least as
favorable to the policyholder or certificate holder as the premium classification terms that
would have applied to the policyholder or certificate holder had coverage not been suspended.

Sec. 4.

Minnesota Statutes 2022, section 62A.31, subdivision 1h, is amended to read:


Subd. 1h.

Limitations on denials, conditions, and pricing of coverage.

No health
carrier issuing Medicare-related coverage in this state may impose preexisting condition
limitations or otherwise deny or condition the issuance or effectiveness of any such coverage
available for sale in this state, nor may it discriminate in the pricing of such coverage,
because of the health status, claims experience, receipt of health care, medical condition,
or age of an applicant where an application for such coverage is submittednew text begin: (1)new text end prior to or
during the six-month period beginning with the first day of the month in which an individual
first enrolled for benefits under Medicare Part Bnew text begin; or (2) during the open enrollment periodnew text end.
This subdivision applies to each Medicare-related coverage offered by a health carrier
regardless of whether the individual has attained the age of 65 years. If an individual who
is enrolled in Medicare Part B due to disability status is involuntarily disenrolled due to loss
of disability status, the individual is eligible for another six-month enrollment period provided
under this subdivision beginning the first day of the month in which the individual later
becomes eligible for and enrolls again in Medicare Part Bnew text begin and during the open enrollment
period
new text end. An individual who is or was previously enrolled in Medicare Part B due to disability
status is eligible for another six-month enrollment period under this subdivision beginning
the first day of the month in which the individual has attained the age of 65 years and either
maintains enrollment in, or enrolls again in, Medicare Part Bnew text begin and during the open enrollment
period
new text end. If an individual enrolled in Medicare Part B voluntarily disenrolls from Medicare
Part B because the individual becomes enrolled under an employee welfare benefit plan,
the individual is eligible for another six-month enrollment period, as provided in this
subdivision, beginning the first day of the month in which the individual later becomes
eligible for and enrolls again in Medicare Part Bnew text begin and during the open enrollment periodnew text end.

Sec. 5.

Minnesota Statutes 2022, section 62A.31, subdivision 1p, is amended to read:


Subd. 1p.

Renewal or continuation provisions.

Medicare supplement policies and
certificates shall include a renewal or continuation provision. The language or specifications
of the provision shall be consistent with the type of contract issued. The provision shall be
appropriately captioned and shall appear on the first page of the policy or certificate, and
shall include any reservation by the issuer of the right to change premiums. Except for riders
or endorsements by which the issuer effectuates a request made in writing by the insured,
exercises a specifically reserved right under a Medicare supplement policy or certificate,
or is required to reduce or eliminate benefits to avoid duplication of Medicare benefits, all
riders or endorsements added to a Medicare supplement policy or certificate after the date
of issue or at reinstatement or renewal that reduce or eliminate benefits or coverage in the
policy or certificate shall require a signed acceptance by the insured. After the date of policy
or certificate issue, a rider or endorsement that increases benefits or coverage with a
concomitant increase in premium during the policy or certificate term shall be agreed to in
writing and signed by the insured, unless the benefits are required by the minimum standards
for Medicare supplement policies or if the increased benefits or coverage is required by
law. deleted text beginWhere a separate additional premium is charged for benefits provided in connection
with riders or endorsements, the premium charge shall be set forth in the policy, declaration
page, or certificate. If a Medicare supplement policy or certificate contains limitations with
respect to preexisting conditions, the limitations shall appear as a separate paragraph of the
policy or certificate and be labeled as "preexisting condition limitations."
deleted text end

Issuers of accident and sickness policies or certificates that provide hospital or medical
expense coverage on an expense incurred or indemnity basis to persons eligible for Medicare
shall provide to those applicants a "Guide to Health Insurance for People with Medicare"
in the form developed by the Centers for Medicare and Medicaid Services and in a type
size no smaller than 12-point type. Delivery of the guide must be made whether or not such
policies or certificates are advertised, solicited, or issued as Medicare supplement policies
or certificates as defined in this section and section 62A.3099. Except in the case of direct
response issuers, delivery of the guide must be made to the applicant at the time of
application, and acknowledgment of receipt of the guide must be obtained by the issuer.
Direct response issuers shall deliver the guide to the applicant upon request, but no later
than the time at which the policy is delivered.

Sec. 6.

Minnesota Statutes 2022, section 62A.31, subdivision 1u, is amended to read:


Subd. 1u.

Guaranteed issue for eligible persons.

(a)(1) Eligible persons are those
individuals described in paragraph (b) who seek to enroll under the policy during the period
specified in paragraph (c) and who submit evidence of the date of termination or
disenrollment described in paragraph (b), or of the date of Medicare Part D enrollment, with
the application for a Medicare supplement policy.

(2) With respect to eligible persons, an issuer shall not: deny or condition the issuance
or effectiveness of a Medicare supplement policy described in paragraph (c) that is offered
and is available for issuance to new enrollees by the issuer; discriminate in the pricing of
such a Medicare supplement policy because of health status, claims experience, receipt of
health care, medical condition, or age; or impose an exclusion of benefits based upon a
preexisting condition under such a Medicare supplement policy.

(b) An eligible person is an individual described in any of the following:

(1) the individual is enrolled under an employee welfare benefit plan that provides health
benefits that supplement the benefits under Medicare; and the plan terminates, or the plan
ceases to provide all such supplemental health benefits to the individual;

(2) the individual is enrolled with a Medicare Advantage organization under a Medicare
Advantage plan under Medicare Part C, and any of the following circumstances apply, or
the individual is 65 years of age or older and is enrolled with a Program of All-Inclusive
Care for the Elderly (PACE) provider under section 1894 of the federal Social Security Act,
and there are circumstances similar to those described in this clause that would permit
discontinuance of the individual's enrollment with the provider if the individual were enrolled
in a Medicare Advantage plan:

(i) the organization's or plan's certification under Medicare Part C has been terminated
or the organization has terminated or otherwise discontinued providing the plan in the area
in which the individual resides;

(ii) the individual is no longer eligible to elect the plan because of a change in the
individual's place of residence or other change in circumstances specified by the secretary,
but not including termination of the individual's enrollment on the basis described in section
1851(g)(3)(B) of the federal Social Security Act, United States Code, title 42, section
1395w-21(g)(3)(b) (where the individual has not paid premiums on a timely basis or has
engaged in disruptive behavior as specified in standards under section 1856 of the federal
Social Security Act, United States Code, title 42, section 1395w-26), or the plan is terminated
for all individuals within a residence area;

(iii) the individual demonstrates, in accordance with guidelines established by the
Secretary, that:

(A) the organization offering the plan substantially violated a material provision of the
organization's contract in relation to the individual, including the failure to provide an
enrollee on a timely basis medically necessary care for which benefits are available under
the plan or the failure to provide such covered care in accordance with applicable quality
standards; or

(B) the organization, or agent or other entity acting on the organization's behalf, materially
misrepresented the plan's provisions in marketing the plan to the individual; or

(iv) the individual meets such other exceptional conditions as the secretary may provide;

(3)(i) the individual is enrolled with:

(A) an eligible organization under a contract under section 1876 of the federal Social
Security Act, United States Code, title 42, section 1395mm (Medicare cost);

(B) a similar organization operating under demonstration project authority, effective for
periods before April 1, 1999;

(C) an organization under an agreement under section 1833(a)(1)(A) of the federal Social
Security Act, United States Code, title 42, section 1395l(a)(1)(A) (health care prepayment
plan); or

(D) an organization under a Medicare Select policy under section 62A.318 or the similar
law of another state; and

(ii) the enrollment ceases under the same circumstances that would permit discontinuance
of an individual's election of coverage under clause (2);

(4) the individual is enrolled under a Medicare supplement policy, and the enrollment
ceases because:

(i)(A) of the insolvency of the issuer or bankruptcy of the nonissuer organization; or

(B) of other involuntary termination of coverage or enrollment under the policy;

(ii) the issuer of the policy substantially violated a material provision of the policy; or

(iii) the issuer, or an agent or other entity acting on the issuer's behalf, materially
misrepresented the policy's provisions in marketing the policy to the individual;

(5)(i) the individual was enrolled under a Medicare supplement policy and terminates
that enrollment and subsequently enrolls, for the first time, with any Medicare Advantage
organization under a Medicare Advantage plan under Medicare Part C; any eligible
organization under a contract under section 1876 of the federal Social Security Act, United
States Code, title 42, section 1395mm (Medicare cost); any similar organization operating
under demonstration project authority; any PACE provider under section 1894 of the federal
Social Security Act, or a Medicare Select policy under section 62A.318 or the similar law
of another state; and

(ii) the subsequent enrollment under item (i) is terminated by the enrollee during any
period within the first 12 months of the subsequent enrollment during which the enrollee
is permitted to terminate the subsequent enrollment under section 1851(e) of the federal
Social Security Act;

(6) the individual, upon first enrolling for benefits under Medicare Part B, enrolls in a
Medicare Advantage plan under Medicare Part C, or with a PACE provider under section
1894 of the federal Social Security Act, and disenrolls from the plan by not later than 12
months after the effective date of enrollment; or

(7) the individual enrolls in a Medicare Part D plan during the initial Part D enrollment
period, as defined under United States Code, title 42, section 1395ss(v)(6)(D), and, at the
time of enrollment in Part D, was enrolled under a Medicare supplement policy that covers
outpatient prescription drugs and the individual terminates enrollment in the Medicare
supplement policy and submits evidence of enrollment in Medicare Part D along with the
application for a policy described in paragraph (e), clause (4).

(c)(1) In the case of an individual described in paragraph (b), clause (1), the guaranteed
issue period begins on the later of: (i) the date the individual receives a notice of termination
or cessation of all supplemental health benefits or, if a notice is not received, notice that a
claim has been denied because of a termination or cessation; or (ii) the date that the applicable
coverage terminates or ceases; and ends 63 days after the later of those two dates.

(2) In the case of an individual described in paragraph (b), clause (2), (3), (5), or (6),
whose enrollment is terminated involuntarily, the guaranteed issue period begins on the
date that the individual receives a notice of termination and ends 63 days after the date the
applicable coverage is terminated.

(3) In the case of an individual described in paragraph (b), clause (4), item (i), the
guaranteed issue period begins on the earlier of: (i) the date that the individual receives a
notice of termination, a notice of the issuer's bankruptcy or insolvency, or other such similar
notice if any; and (ii) the date that the applicable coverage is terminated, and ends on the
date that is 63 days after the date the coverage is terminated.

(4) In the case of an individual described in paragraph (b), clause (2), (4), (5), or (6),
who disenrolls voluntarily, the guaranteed issue period begins on the date that is 60 days
before the effective date of the disenrollment and ends on the date that is 63 days after the
effective date.

(5) In the case of an individual described in paragraph (b), clause (7), the guaranteed
issue period begins on the date the individual receives notice pursuant to section
1882(v)(2)(B) of the Social Security Act from the Medicare supplement issuer during the
60-day period immediately preceding the initial Part D enrollment period and ends on the
date that is 63 days after the effective date of the individual's coverage under Medicare Part
D.

(6) In the case of an individual described in paragraph (b) but not described in this
paragraph, the guaranteed issue period begins on the effective date of disenrollment and
ends on the date that is 63 days after the effective date.

new text begin (7) For all individuals described in paragraph (b), the open enrollment period is a
guaranteed issue period.
new text end

(d)(1) In the case of an individual described in paragraph (b), clause (5), or deemed to
be so described, pursuant to this paragraph, whose enrollment with an organization or
provider described in paragraph (b), clause (5), item (i), is involuntarily terminated within
the first 12 months of enrollment, and who, without an intervening enrollment, enrolls with
another such organization or provider, the subsequent enrollment is deemed to be an initial
enrollment described in paragraph (b), clause (5).

(2) In the case of an individual described in paragraph (b), clause (6), or deemed to be
so described, pursuant to this paragraph, whose enrollment with a plan or in a program
described in paragraph (b), clause (6), is involuntarily terminated within the first 12 months
of enrollment, and who, without an intervening enrollment, enrolls in another such plan or
program, the subsequent enrollment is deemed to be an initial enrollment described in
paragraph (b), clause (6).

(3) For purposes of paragraph (b), clauses (5) and (6), no enrollment of an individual
with an organization or provider described in paragraph (b), clause (5), item (i), or with a
plan or in a program described in paragraph (b), clause (6), may be deemed to be an initial
enrollment under this paragraph after the two-year period beginning on the date on which
the individual first enrolled with the organization, provider, plan, or program.

(e) The Medicare supplement policy to which eligible persons are entitled under:

(1) paragraph (b), clauses (1) to (4), is any Medicare supplement policy that has a benefit
package consisting of the basic Medicare supplement plan described in section 62A.316,
paragraph (a)
, plus any combination of the three optional riders described in section 62A.316,
paragraph (b)
, clauses (1) to (3), offered by any issuer;

(2) paragraph (b), clause (5), is the same Medicare supplement policy in which the
individual was most recently previously enrolled, if available from the same issuer, or, if
not so available, any policy described in clause (1) offered by any issuer, except that after
December 31, 2005, if the individual was most recently enrolled in a Medicare supplement
policy with an outpatient prescription drug benefit, a Medicare supplement policy to which
the individual is entitled under paragraph (b), clause (5), is:

(i) the policy available from the same issuer but modified to remove outpatient
prescription drug coverage; or

(ii) at the election of the policyholder, a policy described in clause (4), except that the
policy may be one that is offered and available for issuance to new enrollees that is offered
by any issuer;

(3) paragraph (b), clause (6), is any Medicare supplement policy offered by any issuer;

(4) paragraph (b), clause (7), is a Medicare supplement policy that has a benefit package
classified as a basic plan under section 62A.316 if the enrollee's existing Medicare
supplement policy is a basic plan or, if the enrollee's existing Medicare supplement policy
is an extended basic plan under section 62A.315, a basic or extended basic plan at the option
of the enrollee, provided that the policy is offered and is available for issuance to new
enrollees by the same issuer that issued the individual's Medicare supplement policy with
outpatient prescription drug coverage. The issuer must permit the enrollee to retain all
optional benefits contained in the enrollee's existing coverage, other than outpatient
prescription drugs, subject to the provision that the coverage be offered and available for
issuance to new enrollees by the same issuer.

(f)(1) At the time of an event described in paragraph (b), because of which an individual
loses coverage or benefits due to the termination of a contract or agreement, policy, or plan,
the organization that terminates the contract or agreement, the issuer terminating the policy,
or the administrator of the plan being terminated, respectively, shall notify the individual
of the individual's rights under this subdivision, and of the obligations of issuers of Medicare
supplement policies under paragraph (a). The notice must be communicated
contemporaneously with the notification of termination.

(2) At the time of an event described in paragraph (b), because of which an individual
ceases enrollment under a contract or agreement, policy, or plan, the organization that offers
the contract or agreement, regardless of the basis for the cessation of enrollment, the issuer
offering the policy, or the administrator of the plan, respectively, shall notify the individual
of the individual's rights under this subdivision, and of the obligations of issuers of Medicare
supplement policies under paragraph (a). The notice must be communicated within ten
working days of the issuer receiving notification of disenrollment.

(g) Reference in this subdivision to a situation in which, or to a basis upon which, an
individual's coverage has been terminated does not provide authority under the laws of this
state for the termination in that situation or upon that basis.

(h) An individual's rights under this subdivision are in addition to, and do not modify
or limit, the individual's rights under subdivision 1h.

Sec. 7.

Minnesota Statutes 2022, section 62A.31, is amended by adding a subdivision to
read:


new text begin Subd. 1w. new text end

new text begin Open enrollment. new text end

new text begin No Medicare supplement policy or certificate shall be sold
or issued to an eligible individual outside of the time periods described in subdivision 1u.
new text end

Sec. 8.

Minnesota Statutes 2022, section 62A.31, subdivision 4, is amended to read:


Subd. 4.

Prohibited policy provisions.

(a) A Medicare supplement policy or certificate
in force in the state shall not contain benefits that duplicate benefits provided by Medicare
or contain exclusions on coverage that are more restrictive than those of Medicare.
Duplication of benefits is permitted to the extent permitted under subdivision 1s, paragraph
(a), for benefits provided by Medicare Part D.

(b) No Medicare supplement policy or certificate may use waivers to exclude, limit, or
reduce coverage or benefits for specifically named or described preexisting diseases or
physical conditionsdeleted text begin, except as permitted under subdivision 1bdeleted text end.

Sec. 9.

Minnesota Statutes 2022, section 62A.44, subdivision 2, is amended to read:


Subd. 2.

Questions.

(a) Application forms shall include the following questions designed
to elicit information as to whether, as of the date of the application, the applicant has another
Medicare supplement or other health insurance policy or certificate in force or whether a
Medicare supplement policy or certificate is intended to replace any other accident and
sickness policy or certificate presently in force. A supplementary application or other form
to be signed by the applicant and agent containing the questions and statements may be
used.

"(1) You do not need more than one Medicare supplement policy or certificate.

(2) If you purchase this policy, you may want to evaluate your existing health coverage
and decide if you need multiple coverages.

(3) You may be eligible for benefits under Medicaid and may not need a Medicare
supplement policy or certificate.

(4) The benefits and premiums under your Medicare supplement policy or certificate
can be suspended, if requested, during your entitlement to benefits under Medicaid for
24 months. You must request this suspension within 90 days of becoming eligible for
Medicaid. If you are no longer entitled to Medicaid, your policy or certificate will be
reinstated if requested within 90 days of losing Medicaid eligibility.

(5) Counseling services may be available in Minnesota to provide advice concerning
medical assistance through state Medicaid, Qualified Medicare Beneficiaries (QMBs),
and Specified Low-Income Medicare Beneficiaries (SLMBs).

To the best of your knowledge:

(1) Do you have another Medicare supplement policy or certificate in force?

(a) If so, with which company?

(b) If so, do you intend to replace your current Medicare supplement policy with this
policy or certificate?

(2) Do you have any other health insurance policies that provide benefits which this
Medicare supplement policy or certificate would duplicate?

(a) If so, please name the company.

(b) What kind of policy?

(3) Are you covered for medical assistance through the state Medicaid program? If so,
which of the following programs provides coverage for you?

(a) Specified Low-Income Medicare Beneficiary (SLMB),

(b) Qualified Medicare Beneficiary (QMB), or

(c) full Medicaid Beneficiary?"

(b) Agents shall list any other health insurance policies they have sold to the applicant.

(1) List policies sold that are still in force.

(2) List policies sold in the past five years that are no longer in force.

(c) In the case of a direct response issuer, a copy of the application or supplemental
form, signed by the applicant, and acknowledged by the insurer, shall be returned to the
applicant by the insurer on delivery of the policy or certificate.

(d) Upon determining that a sale will involve replacement of Medicare supplement
coverage, any issuer, other than a direct response issuer, or its agent, shall furnish the
applicant, before issuance or delivery of the Medicare supplement policy or certificate, a
notice regarding replacement of Medicare supplement coverage. One copy of the notice
signed by the applicant and the agent, except where the coverage is sold without an agent,
shall be provided to the applicant and an additional signed copy shall be retained by the
issuer. A direct response issuer shall deliver to the applicant at the time of the issuance of
the policy or certificate the notice regarding replacement of Medicare supplement coverage.

(e) The notice required by paragraph (d) for an issuer shall be provided in substantially
the following form in no less than 12-point type:

"NOTICE TO APPLICANT REGARDING REPLACEMENT

OF MEDICARE SUPPLEMENT INSURANCE

(Insurance company's name and address)

SAVE THIS NOTICE! IT MAY BE IMPORTANT TO YOU IN THE FUTURE.

According to (your application) (information you have furnished), you intend to terminate
existing Medicare supplement insurance and replace it with a policy or certificate to be
issued by (Company Name) Insurance Company. Your new policy or certificate will provide
30 days within which you may decide without cost whether you desire to keep the policy
or certificate.

You should review this new coverage carefully. Compare it with all accident and sickness
coverage you now have. If, after due consideration, you find that purchase of this Medicare
supplement coverage is a wise decision you should terminate your present Medicare
supplement policy. You should evaluate the need for other accident and sickness coverage
you have that may duplicate this policy.

STATEMENT TO APPLICANT BY ISSUER, AGENT, (BROKER OR OTHER
REPRESENTATIVE): I have reviewed your current medical or health insurance
coverage. To the best of my knowledge this Medicare supplement policy will not duplicate
your existing Medicare supplement policy because you intend to terminate the existing
Medicare supplement policy. The replacement policy or certificate is being purchased
for the following reason(s) (check one):

.
Additional benefits
.
No change in benefits, but lower premiums
.
Fewer benefits and lower premiums
.
Other (please specify)
.
.
.

deleted text begin (1) Health conditions which you may presently have (preexisting conditions) may not
be immediately or fully covered under the new policy or certificate. This could result
in denial or delay of a claim for benefits under the new policy or certificate, whereas a
similar claim might have been payable under your present policy or certificate.
deleted text end

deleted text begin (2) State law provides that your replacement policy or certificate may not contain new
preexisting conditions, waiting periods, elimination periods, or probationary periods.
The insurer will waive any time periods applicable to preexisting conditions, waiting
periods, elimination periods, or probationary periods in the new policy (or coverage)
for similar benefits to the extent the time was spent (depleted) under the original policy
or certificate.
deleted text end

deleted text begin (3) If you still wish to terminate your present policy or certificate and replace it with
new coverage, be certain to truthfully and completely answer all questions on the
application concerning your medical and health history. Failure to include all material
medical information on an application may provide a basis for the company to deny any
future claims and to refund your premium as though your policy or certificate had never
been in force. After the application has been completed and before you sign it, review
it carefully to be certain that all information has been properly recorded. (If the policy
or certificate is guaranteed issue, this paragraph need not appear.)
deleted text end

Do not cancel your present policy or certificate until you have received your new policy
or certificate and you are sure that you want to keep it.

.
(Signature of Agent, Broker, or Other Representative)*
.
(Typed Name and Address of Issuer, Agent, or Broker)
.
(Date)
.
(Applicant's Signature)
.
(Date)

*Signature not required for direct response sales."

deleted text begin (f) Paragraph (e), clauses (1) and (2), of the replacement notice (applicable to preexisting
conditions) may be deleted by an issuer if the replacement does not involve application of
a new preexisting condition limitation.
deleted text end

Sec. 10. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2022, section 62A.31, subdivisions 1b and 1i, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: H1790-1

62A.31 MEDICARE SUPPLEMENT BENEFITS; MINIMUM STANDARDS.

Subd. 1b.

Preexisting condition coverage.

The policy must cover preexisting conditions during the first six months of coverage if the insured was not diagnosed or treated for the particular condition during the 90 days immediately preceding the effective date of coverage.

Subd. 1i.

Replacement coverage.

If a Medicare supplement policy or certificate replaces another Medicare supplement policy or certificate, the issuer of the replacing policy or certificate shall waive any time periods applicable to preexisting conditions, waiting periods, elimination periods, and probationary periods in the new Medicare supplement policy or certificate for benefits to the extent the time was spent under the original policy or certificate. For purposes of this subdivision, "Medicare supplement policy or certificate" means all coverage described in section 62A.011, subdivision 3, clause (10).