2006 Minnesota Statutes

62A.44 APPLICATIONS.
    Subdivision 1. Applicant copy. No individual Medicare supplement plan shall be issued or
delivered in this state unless a signed and completed copy of the application for insurance is left
with the applicant at the time application is made.
    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)
____________________________________________________________
____________________________________________________________
____________________________________________________________
(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.
(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.
(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.)
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."
(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.
History: 1983 c 263 s 14; 1992 c 554 art 1 s 13; 1993 c 13 art 1 s 18; 1993 c 330 s 10;
1996 c 446 art 1 s 35