Current through Register Vol. XLI, No. 38, September 20, 2024
No Medicare Supplement or Limited Benefit Medicare Supplement
policy or contract shall be delivered or issued for delivery in this State which
does not meet the requirements of this section. These are minimum standards and do
not preclude the inclusion of other provisions or benefits in addition to, and which
are not inconsistent with, these standards.
4.1. General policy provisions.
(a) Limitations based on preexisting conditions
shall not exclude coverage for more than six (6) months after the effective date of
coverage of the insured person for a condition for which medical advice was given or
treatment was recommended by or received from a physician within six (6) months
before the effective date of the coverage of an insured person.
(b) Coverage shall not indemnify against losses
resulting from sickness on a different basis than losses resulting from
accidents.
(c) Coverage shall provide
that benefits designed to cover cost sharing amounts under Medicare will be
proportionally changed automatically to coincide with any changes in the applicable
Medicare deductible amount and copayment percentage factors. Premiums may be changed
to correspond with such changes, subject to prior approval by the Commissioner or
the filed rates may include incremental increases which anticipate changes in
Medicare coverage.
(d) The terms
"Medicare Supplement," "Medigap" and words of similar import shall not be used in
any manner to describe a policy or contract unless the policy or contract is issued
in compliance with this regulation.
4.2. Minimum benefit standards for Medicare
Supplement coverage. -- Medicare Supplement policies or contracts shall provide at
least the following benefits to an insured person:
(a) Coverage of the initial Part A Medicare
deductible as established from time to time by the Social Security
Administration;
(b) Coverage of Part A
Medicare eligible expenses for hospitalization to the extent not covered by Medicare
from the sixty-first day through the ninetieth day in any Medicare benefit
period;
(c) Coverage of Part A Medicare
eligible expenses for hospitalization to the extent not covered by Medicare from the
ninety-first day through the one hundred fiftieth day in any Medicare benefit
period;
(d) Upon exhaustion of all
Medicare hospital in-patient coverage, including the lifetime reserve days, coverage
of ninety percent (90%) of all Medicare Part A eligible expenses for hospitalization
not covered by Medicare, subject to a lifetime maximum benefit of an additional
three hundred sixty-five (365) days;
(e)
Coverage of Part A Medicare eligible expenses for post-hospitalization skilled
nursing facility care to the extent not covered by Medicare from the twenty-first
day to the eightieth day in any Medicare benefit period;
(f) Coverage of Part A Medicare eligible expenses
for any number of pints of blood to the extent not covered by Medicare in any
Medicare benefit period;
(g) Coverage of
the initial Part B Medicare deductible as established from time to time by the
Social Security Administration; and
(h)
Coverage of twenty percent (20%) of the amount of Medicare eligible expenses under
Part B regardless of hospital confinement, subject to a maximum calendar year
out-of-pocket deductible of two hundred dollars ($200) of such expenses and to a
maximum of at least five thousand dollars ($5,000) per calendar year.
4.3. Minimum benefit standards for
limited benefit Medicare supplement coverage. -- Limited Benefit Medicare Supplement
policies or contracts shall provide at least the following benefits to an insured
person:
(a) The initial Part A Medicare deductible
as established from time to time by the Social Security Administration;
(b) Coverage of Part A Medicare eligible expenses
incurred as daily hospital charges during use of Medicare's lifetime hospital
in-patient reserve days;
(c) Coverage of
Part A Medicare eligible expenses for hospitalization to the extent not covered by
Medicare from the sixty-first day through the ninetieth day in any Medicare benefit
period;
(d) Upon exhaustion of all
Medicare hospital in-patient coverage including the lifetime reserve days, coverage
of ninety per cent (90%) of all Medicare Part A eligible expenses for
hospitalization not covered by Medicare subject to a lifetime maximum benefit of an
additional three hundred sixty-five (365) days; and
(e) Coverage of twenty percent (20%) of the amount
of Medicare eligible expenses under Part B regardless of hospital confinement,
subject to a maximum calendar year out-of-pocket deductible of two hundred dollars
($200) of such expenses and to a maximum of at least five thousand dollars ($5,000)
per calendar year.