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2007 Minnesota Statutes

This is a historical version of this statute section. Also view the most recent published version.

62A.316 BASIC MEDICARE SUPPLEMENT PLAN; COVERAGE.
(a) The basic Medicare supplement plan must have a level of coverage that will provide:
(1) coverage for all of the Medicare Part A inpatient hospital coinsurance amounts, and 100
percent of all Medicare part A eligible expenses for hospitalization not covered by Medicare,
after satisfying the Medicare Part A deductible;
(2) coverage for the daily co-payment amount of Medicare Part A eligible expenses for the
calendar year incurred for skilled nursing facility care;
(3) coverage for the coinsurance amount, or in the case of outpatient department services
paid under a prospective payment system, the co-payment amount, of Medicare eligible expenses
under Medicare Part B regardless of hospital confinement, subject to the Medicare Part B
deductible amount;
(4) 80 percent of the hospital and medical expenses and supplies incurred during travel
outside the United States as a result of a medical emergency;
(5) coverage for the reasonable cost of the first three pints of blood, or equivalent quantities
of packed red blood cells as defined under federal regulations under Medicare Parts A and B,
unless replaced in accordance with federal regulations;
(6) 100 percent of the cost of immunizations not otherwise covered under Part D of the
Medicare program and routine screening procedures for cancer screening including mammograms
and pap smears; and
(7) 80 percent of coverage for all physician prescribed medically appropriate and necessary
equipment and supplies used in the management and treatment of diabetes not otherwise covered
under Part D of the Medicare program. Coverage must include persons with gestational, type I, or
type II diabetes. Coverage under this clause is subject to section 62A.3093, subdivision 2.
(b) Only the following optional benefit riders may be added to this plan:
(1) coverage for all of the Medicare Part A inpatient hospital deductible amount;
(2) a minimum of 80 percent of eligible medical expenses and supplies not covered by
Medicare Part B, not to exceed any charge limitation established by the Medicare program or
state law;
(3) coverage for all of the Medicare Part B annual deductible;
(4) coverage for at least 50 percent, or the equivalent of 50 percent, of usual and customary
prescription drug expenses. An outpatient prescription drug benefit must not be included for sale
or issuance in a Medicare policy or certificate issued on or after January 1, 2006;
(5) preventive medical care benefit coverage for the following preventative health services
not covered by Medicare:
(i) an annual clinical preventive medical history and physical examination that may include
tests and services from clause (ii) and patient education to address preventive health care
measures;
(ii) preventive screening tests or preventive services, the selection and frequency of which is
determined to be medically appropriate by the attending physician.
Reimbursement shall be for the actual charges up to 100 percent of the Medicare-approved
amount for each service, as if Medicare were to cover the service as identified in American
Medical Association current procedural terminology (AMA CPT) codes, to a maximum of $120
annually under this benefit. This benefit shall not include payment for a procedure covered by
Medicare;
(6) coverage for services to provide short-term at-home assistance with activities of daily
living for those recovering from an illness, injury, or surgery:
(i) For purposes of this benefit, the following definitions apply:
(A) "activities of daily living" include, but are not limited to, bathing, dressing,
personal hygiene, transferring, eating, ambulating, assistance with drugs that are normally
self-administered, and changing bandages or other dressings;
(B) "care provider" means a duly qualified or licensed home health aide/homemaker,
personal care aid, or nurse provided through a licensed home health care agency or referred by a
licensed referral agency or licensed nurses registry;
(C) "home" means a place used by the insured as a place of residence, provided that the place
would qualify as a residence for home health care services covered by Medicare. A hospital or
skilled nursing facility shall not be considered the insured's place of residence;
(D) "at-home recovery visit" means the period of a visit required to provide at-home recovery
care, without limit on the duration of the visit, except each consecutive four hours in a 24-hour
period of services provided by a care provider is one visit;
(ii) Coverage requirements and limitations:
(A) at-home recovery services provided must be primarily services that assist in activities
of daily living;
(B) the insured's attending physician must certify that the specific type and frequency of
at-home recovery services are necessary because of a condition for which a home care plan of
treatment was approved by Medicare;
(C) coverage is limited to:
(I) no more than the number and type of at-home recovery visits certified as necessary by the
insured's attending physician. The total number of at-home recovery visits shall not exceed the
number of Medicare-approved home care visits under a Medicare-approved home care plan of
treatment;
(II) the actual charges for each visit up to a maximum reimbursement of $40 per visit;
(III) $1,600 per calendar year;
(IV) seven visits in any one week;
(V) care furnished on a visiting basis in the insured's home;
(VI) services provided by a care provider as defined in this section;
(VII) at-home recovery visits while the insured is covered under the policy or certificate
and not otherwise excluded;
(VIII) at-home recovery visits received during the period the insured is receiving
Medicare-approved home care services or no more than eight weeks after the service date of the
last Medicare-approved home health care visit;
(iii) Coverage is excluded for:
(A) home care visits paid for by Medicare or other government programs; and
(B) care provided by family members, unpaid volunteers, or providers who are not care
providers;
(7) coverage for at least 50 percent, or the equivalent of 50 percent, of usual and customary
prescription drug expenses to a maximum of $1,200 paid by the issuer annually under this
benefit. An issuer of Medicare supplement insurance policies that elects to offer this benefit rider
shall also make available coverage that contains the rider specified in clause (4). An outpatient
prescription drug benefit must not be included for sale or issuance in a Medicare policy or
certificate issued on or after January 1, 2006.
History: 1989 c 258 s 6; 1990 c 403 s 5; 1990 c 612 s 5; 1991 c 129 s 2; 1992 c 554 art
1 s 5; 1993 c 330 s 5; 1997 c 225 art 2 s 4; 1998 c 293 s 1; 1Sp2003 c 14 art 7 s 6; 2005 c 17
art 1 s 11; 2005 c 132 s 12; 2006 c 255 s 13

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