02-031 C.M.R. ch. 271, § 3 - Offer of reinstitution of coverage

(A) Except as provided in subsection B, in the case of an individual who had in effect, as of December 31, 1988, a Medicare supplemental policy with an insurer (as a policyholder or, in the case of a group policy, as a certificate holder) and the individual terminated coverage under such policy before the date of the enactment of the repeal of the Medicare Catastrophic Coverage Act of 1988, the insurer shall:

(1) Provide written notice no later than December 30, 1990, to the policyholder or certificate holder (at the most recent available address) of the offer described below, and

(2) Offer the individual, during a period of at least sixty (60) days beginning not later than January 1, 1991, reinstitution of coverage (with coverage effective as of January 1, 1990), under terms which:

(a) Do not provide for any waiting period with respect to treatment of preexisting conditions;

(b) Provide for coverage which is substantially equivalent to coverage in effect before the date of termination; and

(c) Provide for classification of premiums on terms which are at least as favorable to the policyholder or certificate holder as the premium classification terms that would have applied to the policyholder or certificate holder had the coverage never terminated.

(B) An insurer is not required to make the offer under Paragraph (2) above to anyone who was a policyholder or certificate holder in another Medicare supplemental policy as of January 1, 1990, and who was not subject to a waiting period with respect to treatment of a preexisting condition under that policy.

Notes

02-031 C.M.R. ch. 271, § 3