31A-22-620 - Medicare Supplement Insurance Minimum Standards Act.
31A-22-620. Medicare Supplement Insurance Minimum Standards Act.
(1) As used in this section:
(a) "Applicant" means:
(i) in the case of an individual Medicare supplement policy, the person who seeks tocontract for insurance benefits; and
(ii) in the case of a group Medicare supplement policy, the proposed certificate holder.
(b) "Certificate" means any certificate delivered or issued for delivery in this state undera group Medicare supplement policy.
(c) "Certificate form" means the form on which the certificate is delivered or issued fordelivery by the issuer.
(d) "Issuer" includes insurance companies, fraternal benefit societies, health care serviceplans, health maintenance organizations, and any other entity delivering, or issuing for delivery inthis state, Medicare supplement policies or certificates.
(e) "Medicare" means the "Health Insurance for the Aged Act," Title XVIII of the SocialSecurity Amendments of 1965, as then constituted or later amended.
(f) "Medicare Supplement Policy":
(i) means a group or individual policy of disability insurance, other than a policy issuedpursuant to a contract under Section 1876 of the federal Social Security Act, 42 U.S.C. Section1395 et seq., or an issued policy under a demonstration project specified in 42 U.S.C. Section1395ss(g)(1), that is advertised, marketed, or designed primarily as a supplement toreimbursements under Medicare for the hospital, medical, or surgical expenses of personseligible for Medicare; and
(ii) does not include Medicare Advantage plans established under Medicare Part C,outpatient prescription drug plans established under Medicare Part D, or any health careprepayment plan that provides benefits pursuant to an agreement under Section 1833(a)(1)(A) ofthe Social Security Act.
(g) "Policy form" means the form on which the policy is delivered or issued for deliveryby the issuer.
(2) (a) Except as otherwise specifically provided, this section applies to:
(i) all Medicare supplement policies delivered or issued for delivery in this state on orafter the effective date of this section;
(ii) all certificates issued under group Medicare supplement policies, that have beendelivered or issued for delivery in this state on or after the effective date of this section; and
(iii) policies or certificates that were in force prior to the effective date of this section,with respect to requirements for benefits, claims payment, and policy reporting practice underSubsection (3)(d), and loss ratios under Subsection (4).
(b) This section does not apply to a policy of one or more employers or labororganizations, or of the trustees of a fund established by one or more employers or labororganizations, or a combination of employers and labor unions, for employees or formeremployees or a combination of employees and former employees, or for members or formermembers of the labor organizations, or a combination of members and former members of labororganizations.
(c) This section does not prohibit, nor does it apply to insurance policies or health carebenefit plans, including group conversion policies, provided to Medicare eligible persons that arenot marketed or held out to be Medicare supplement policies or benefit plans.
(3) (a) A Medicare supplement policy or certificate in force in the state may not containbenefits that duplicate benefits provided by Medicare.
(b) Notwithstanding any other provision of law of this state, a Medicare supplementpolicy or certificate may not exclude or limit benefits for loss incurred more than six monthsfrom the effective date of coverage because it involved a preexisting condition. The policy orcertificate may not define a preexisting condition more restrictively than: "A condition for whichmedical advice was given or treatment was recommended by or received from a physician withinsix months before the effective date of coverage."
(c) The commissioner shall adopt rules to establish specific standards for policyprovisions of Medicare supplement policies and certificates. The standards adopted shall be inaddition to and in accordance with applicable laws of this state. A requirement of this titlerelating to minimum required policy benefits, other than the minimum standards contained in thissection, may not apply to Medicare supplement policies and certificates. The standards mayinclude:
(i) terms of renewability;
(ii) initial and subsequent conditions of eligibility;
(iii) nonduplication of coverage;
(iv) probationary periods;
(v) benefit limitations, exceptions, and reductions;
(vi) elimination periods;
(vii) requirements for replacement;
(viii) recurrent conditions; and
(ix) definitions of terms.
(d) The commissioner shall adopt rules establishing minimum standards for benefits,claims payment, marketing practices, compensation arrangements, and reporting practices forMedicare supplement policies and certificates.
(e) The commissioner may adopt rules to conform Medicare supplement policies andcertificates to the requirements of federal law and regulations, including:
(i) requiring refunds or credits if the policies do not meet loss ratio requirements;
(ii) establishing a uniform methodology for calculating and reporting loss ratios;
(iii) assuring public access to policies, premiums, and loss ratio information of issuers ofMedicare supplement insurance;
(iv) establishing a process for approving or disapproving policy forms and certificateforms and proposed premium increases;
(v) establishing a policy for holding public hearings prior to approval of premiumincreases;
(vi) establishing standards for Medicare select policies and certificates; and
(vii) nondiscrimination for genetic testing or genetic information.
(f) The commissioner may adopt rules that prohibit policy provisions not otherwisespecifically authorized by statute that, in the opinion of the commissioner, are unjust, unfair, orunfairly discriminatory to any person insured or proposed to be insured under a Medicaresupplement policy or certificate.
(4) Medicare supplement policies shall return to policyholders benefits that arereasonable in relation to the premium charged. The commissioner shall make rules to establishminimum standards for loss ratios of Medicare supplement policies on the basis of incurred
claims experience, or incurred health care expenses where coverage is provided by a healthmaintenance organization on a service basis rather than on a reimbursement basis, and earnedpremiums in accordance with accepted actuarial principles and practices.
(5) (a) To provide for full and fair disclosure in the sale of Medicare supplement policies,a Medicare supplement policy or certificate may not be delivered in this state unless an outline ofcoverage is delivered to the applicant at the time application is made.
(b) The commissioner shall prescribe the format and content of the outline of coveragerequired by Subsection (5)(a).
(c) For purposes of this section, "format" means style arrangements and overallappearance, including such items as the size, color, and prominence of type and arrangement oftext and captions. The outline of coverage shall include:
(i) a description of the principal benefits and coverage provided in the policy;
(ii) a statement of the renewal provisions, including any reservation by the issuer of aright to change premiums; and disclosure of the existence of any automatic renewal premiumincreases based on the policyholder's age; and
(iii) a statement that the outline of coverage is a summary of the policy issued or appliedfor and that the policy should be consulted to determine governing contractual provisions.
(d) The commissioner may make rules for captions or notice if the commissioner findsthat the rules are:
(i) in the public interest; and
(ii) designed to inform prospective insureds that particular insurance coverages are notMedicare supplement coverages, for all accident and health insurance policies sold to personseligible for Medicare, other than:
(A) a medicare supplement policy; or
(B) a disability income policy.
(e) The commissioner may prescribe by rule a standard form and the contents of aninformational brochure for persons eligible for Medicare, that is intended to improve the buyer'sability to select the most appropriate coverage and improve the buyer's understanding ofMedicare. Except in the case of direct response insurance policies, the commissioner mayrequire by rule that the informational brochure be provided concurrently with delivery of theoutline of coverage to any prospective insureds eligible for Medicare. With respect to directresponse insurance policies, the commissioner may require by rule that the prescribed brochurebe provided upon request to any prospective insureds eligible for Medicare, but in no event laterthan the time of policy delivery.
(f) The commissioner may adopt reasonable rules to govern the full and fair disclosure ofthe information in connection with the replacement of accident and health policies, subscribercontracts, or certificates by persons eligible for Medicare.
(6) Notwithstanding Subsection (1), Medicare supplement policies and certificates shallhave a notice prominently printed on the first page of the policy or certificate, or attached to thefront page, stating in substance that the applicant has the right to return the policy or certificatewithin 30 days of its delivery and to have the premium refunded if, after examination of thepolicy or certificate, the applicant is not satisfied for any reason. Any refund made pursuant tothis section shall be paid directly to the applicant by the issuer in a timely manner.
(7) Every issuer of Medicare supplement insurance policies or certificates in this stateshall provide a copy of any Medicare supplement advertisement intended for use in this state,
whether through written or broadcast medium, to the commissioner for review.
(8) The commissioner may adopt rules to conform Medicare and Medicare supplementpolicies and certificates to the marketing requirements of federal law and regulation.
Amended by Chapter 349, 2009 General Session