(a) Except for permitted preexisting
condition clauses described in
3
AAC 28.450,
3
AAC 28.453, and
3
AAC 28.454, a policy or certificate may not be
advertised, solicited, or issued for delivery in this state as a medicare
supplement policy if that policy or certificate contains limitations or
exclusions on coverage that are more restrictive than those of
medicare.
(b) A medicare supplement
policy or certificate in force in this state may not contain benefits that
duplicate benefits provided by medicare.
(c) A medicare supplement policy or
certificate may not exclude, limit, or reduce coverage or benefits for
specifically named or described preexisting diseases or physical
conditions.
(d) Reserved.
(e) A medicare supplement policy or
certificate may not contain the terms "Medicare Supplement," or "Medigap," or
words of similar import, unless the policy or certificate is issued in
compliance with
3
AAC 28.410 -
3
AAC 28.510.
(f) Subject to
3
AAC 28.450(a) (6) and (7), (d), (f), and
(i), and 3 AAC 453(b)(4) and (5), an issuer
shall renew, at the option of the policyholder, a medicare supplement policy
that includes benefits for outpatient prescription drugs and that was issued
before January 1, 2006, if the policyholder does not enroll in medicare Part
D.
(g) After December 31, 2005, an
issuer may not issue a medicare supplement policy that includes benefits for
outpatient prescription drugs.
(h)
After December 31, 2005, an issuer may not renew a medicare supplement policy
that includes benefits for outpatient prescription drugs if the policyholder
enrolls in medicare Part D unless the
(1)
policy is modified to remove coverage for outpatient prescription drug expenses
incurred by the policyholder after the effective date of policyholder's
coverage under medicare Part D; and
(2) premium for the modified policy is
adjusted to reflect the removal of the outpatient prescription drug
coverage.
Notes
3 AAC 28.440
Eff. 3/26/82, Register
81; am 8/8/90, Register 115; am 7/1/92, Register 122; am 9/4/2005, Register
175; am 9/19/2009, Register 191
In 2010 the revisor of statutes, acting under
AS
01.05.031, renumbered former
AS
21.89.060 as
AS
21.96.060. As of Register 196 (January 2011),
the regulations attorney made a conforming technical revision under
AS
44.62.125(b)(6), to the
authority citation that follows 3 AAC 28.440, so that the citation to former
AS
21.89.060 now refers to the renumbered
statute, AS
21.96.060.
Authority:AS
21.06.090
AS 21.42.130
AS
21.96.060
