Idaho Administrative Code
Title IDAPA 18 - Insurance, Department of
Rule 18.04.10 - MEDICARE SUPPLEMENT INSURANCE STANDARDS
Section 18.04.10.036 - OPEN ENROLLMENT
Universal Citation: ID Admin Code 18.04.10.036
Current through August 31, 2023
01. Offer of Coverage. (3-31-22)
a. An issuer cannot
deny or condition the issuance or effectiveness of any Medicare supplement
policy or certificate available for sale in this state, nor discriminate in the
pricing of a policy or certificate because of the health status, claims
experience, receipt of health care, or medical condition of an applicant in the
case of an application for a policy or certificate that is submitted prior to
or during the six (6) month period beginning with: (3-31-22)
i. The first day of the first month in which
an individual is both sixty-five (65) years of age or older and is enrolled for
benefits under Medicare Part B. (3-31-22)
ii. The first day of the first month of
Medicare Part B eligibility due to disability or end stage renal disease, for
an individual that is both under sixty-five (65) years of age and enrolled for
benefits under Medicare Part B; or (3-31-22)
iii. The first day of the first month after
the individual receives written notice of retroactive enrollment under Medicare
Part B due to a retroactive eligibility decision made by the Social Security
Administration. (3-31-22)
b. Each Medicare supplement policy and
certificate currently available from an issuer is made available to all
applicants who qualify under Paragraph 036.01.a. without regard to age.
(3-31-22)
02. Treatment of Preexisting Conditions. (3-31-22)
a. If an applicant qualifies under Subsection
036.01 and applies during the
time period referenced in Subsection
036.01 and, as of the date of
application, has had a continuous period of creditable coverage of at least six
(6) months, the issuer cannot exclude benefits based on a preexisting
condition. (3-31-22)
b. If the
applicant qualifies under Subsection
036.01 and submits an
application during the time period referenced in Subsection
036.01 and, as of the date of
application, has had a continuous period of creditable coverage that is less
than six (6) months, the issuer reduces the period of any preexisting condition
exclusion by the aggregate of the period of creditable coverage applicable to
the applicant as of the enrollment date. The Secretary specifies the manner of
the reduction under this Subsection. (3-31-22)
c. Except as provided in Paragraphs 036.02.a.
and 02.b., and Sections
041 and
081, nothing in this chapter
prevents the exclusion of benefits under a policy, during the first six (6)
months, based on a preexisting condition for which the policyholder or
certificateholder received treatment or was diagnosed during the six (6) months
before the coverage became effective. (3-31-22)
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