760 IAC 3-9-1 - Open enrollment
Authority: IC 27-8-13-9; IC 27-8-13-10; IC 27-8-13-10.1
Affected: IC 27-8-13-1
Sec. 1.
(a) No issuer
shall:
(1) deny or condition the issuance or
effectiveness of any Medicare supplement policy or certificate available for
sale in this state; or
(2)
discriminate in the pricing of the 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 before or during the six (6) month period beginning with the first
day of the first month in which an individual is both at least sixty-five (65)
years of age and 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:
(1) qualifies under subsection
(a);
(2) submits an application
during the time period referenced in subsection (a); and
(3) as of the date of application, has had a
continuous period of creditable coverage of at least six (6) months; the issuer
shall not exclude benefits based on a preexisting condition.
(c) If an applicant:
(1) qualifies under subsection (a);
(2) submits an application during the time
period referenced in subsection (a); and
(3) as of the date of application, has had a
continuous period of creditable coverage that is less than six (6) months; the
issuer shall reduce the period of any preexisting condition exclusion by the
sum of the period of creditable coverage applicable to the applicant as of the
enrollment date.
(d)
Except as provided in this section, section 2 of this rule, and
760
IAC 3-19-1, subsection (a) shall not be construed as
preventing the exclusion of benefits under a policy, during the first six (6)
months, based on a preexisting condition for which the policyholder or
certificate holder received treatment or was otherwise diagnosed during the six
(6) months before the coverage became effective.
Notes
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