Wyoming Administrative Code
Agency 044 - Insurance Dept
Sub-Agency 0002 - General Agency, Board or Commission Rules
Chapter 35 - MEDICARE SUPPLEMENT INSURANCE
Section 35-11 - Open Enrollment

Universal Citation: WY Code of Rules 35-11

Current through September 21, 2024

(a) An issuer shall not 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 the first day of the first month in which an individual is both 65 years of age or older and is enrolled for benefits under Medicare Part B. Each Medicare supplement policy and certificate currently available from an insurer shall be made available to all applicants who qualify under this subsection without regard to age.

(b) If an applicant:

(i) Qualifies under Subsection (a) and submits an application during the time period referenced in Subsection (a) and, as of the date of application, has had a continuous period of creditable coverage of at least six months, the issuer shall not exclude benefits based on a preexisting condition.

(ii) Qualifies under Subsection (a) and submits an application during the time period referenced in Subsection (a) and, as of the date of application, has had a continuous period of creditable coverage that is less than six months, the issuer shall reduce 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 shall specify the manner of the reduction under this subsection.

(c) Except as provided in Subsection (b) and Sections 12 and 23, Subsection (a) shall not be construed as preventing the exclusion of benefits under a policy, during the first ninety (90) days, based on a preexisting condition for which the policyholder or certificate holder received treatment or was otherwise diagnosed during the ninety (90) days before the coverage became effective.

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