N.H. Code Admin. R. Ins 1905.13 - Open Enrollment

(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 6 month period beginning with the first day of the first month in which an individual is enrolled for benefits under Medicare Part B and when 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 qualifies under (a) and submits an application during the time period referenced in (a) and, as of the date of application, has had a continuous period of creditable coverage of at least 6 months, the issuer shall not exclude benefits based on a preexisting condition.

(c) If the applicant qualifies under (a) and submits an application during the time period referenced in (a) and, as of the date of application, has had a continuous period of creditable coverage that is less than 6 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.

(d) Except as provided in (b) and Ins 1905.25,(a) shall not be construed as preventing the exclusion of benefits under a policy, during the first 6 months, based on a preexisting condition for which the policyholder or certificate holder received treatment or was otherwise diagnosed during the 6 months before the coverage became effective.

Notes

N.H. Code Admin. R. Ins 1905.13

#5390, eff 7-1-92; ss by #5656, eff 7-1-93; amd by #6406, eff 1-1-97; ss by #7174, eff 12-22-99; ss by #8051, eff 3-1-04; ss by #8363, eff 9-8-05; ss by #9559, eff 10-13-09 (from Ins 1905.11 )

Renumbered From Ins 1905.12 Volume XXXVII Number 37, Filed September 14, 2017, Proposed by #12370, Effective 10/13/2017, Expires 10/13/2027.