Tenn. Comp. R. & Regs. 0780-01-58-.10 - STANDARD MEDICARE SUPPLEMENT BENEFIT PLANS FOR 1990 STANDARDIZED MEDICARE SUPPLEMENT BENEFIT PLAN POLICIES OR CERTIFICATES ISSUED FOR DELIVERY ON OR AFTER JULY 1, 1992, AND WITH AN EFFECTIVE DATE OF COVERAGE PRIOR TO JUNE 1, 2010

(1) An issuer shall make available to each prospective policyholder and certificate holder a policy form or certificate form containing only the basic core benefits, as defined in Rule 0780-01-58-.08(2) of this Chapter.
(2) No groups, packages or combinations of Medicare supplement benefits other than those listed in this Rule shall be offered for sale in this state, except as may be permitted in Rule 0780-01-58-.10(7) and in Rule 0780-01-58-.13 of this Chapter.
(3) Benefit plans shall be uniform in structure, language, designation and format to the standard benefit plans A through L listed in this Rule and conform to the definitions in Rule 0780-01-58-.04 of this Chapter. Each benefit shall be structured in accordance with the format provided in Rule 0780-01-58-.08(2) and Rule 0780-01-58-.08(3), or Rule 0780-01-58-.08(4) and list the benefits in the order shown in this Rule. For purposes of this Rule, "structure, language, and format" means style, arrangement and overall content of a benefit.
(4) An issuer may use, in addition to the benefit plan designations required in Paragraph (3), other designations to the extent permitted by law.
(5) Make-up of benefit plans:
(a) Standardized Medicare supplement benefit plan A shall be limited to the basic (core) benefits common to all benefit plans, as defined in Rule 0780-01-58-.08(2) of this Chapter.
(b) Standardized Medicare supplement benefit plan B shall include only the following: The core benefit as defined in Rule 0780-01-58-.08(2) of this Chapter, plus the Medicare Part A deductible as defined in Rule 0780-01-58-.08(3)(a) of this Chapter.
(c) Standardized Medicare supplement benefit plan C shall include only the following: The core benefit as defined in Rule 0780-01-58-.08(2) of this Chapter, plus the Medicare Part A deductible, skilled nursing facility care, Medicare Part B deductible and medically necessary emergency care in a foreign country as defined in Rules 0780-01-58-.08(3)(a), (b), (c), and (h) of this Chapter, respectively.
(d) Standardized Medicare supplement benefit plan D shall include only the following: The core benefit as defined in Rule 0780-01-58-.08(2) of this Chapter, plus the Medicare Part A deductible, skilled nursing facility care, medically necessary emergency care in an foreign country and the at-home recovery benefit as defined in Rules 0780-01-58-.08(3)(a), (b), (h), and (j) of this Chapter, respectively.
(e) Standardized Medicare supplement benefit plan E shall include only the following: The core benefit as defined in Rule 0780-01-58-.08(2) of this Chapter, plus the Medicare Part A deductible, skilled nursing facility care, medically necessary emergency care in a foreign country and preventive medical care as defined in Rules 0780-01-58-.08(3)(a), (b), (h), and (i) of this Chapter, respectively.
(f) Standardized Medicare supplement benefit plan F shall include only the following: The core benefit as defined in Rule 0780-01-58-.08(2) of this Chapter, plus the Medicare Part A deductible, the skilled nursing facility care, the Part B deductible, one hundred percent (100%) of the Medicare Part B excess charges, and medically necessary emergency care in a foreign country as defined in Rules 0780-01-58-.08(3)(a), (b), (c), (e), and (h) of this Chapter, respectively.
(g) Standardized Medicare supplement benefit high deductible plan F shall include only the following: one hundred percent (100%) of covered expenses following the payment of the annual high deductible plan F deductible. The covered expenses include the core benefit as defined in Rule 0780-01-58-.08(2) of this Chapter, plus the Medicare Part A deductible, skilled nursing facility care, the Medicare Part B deductible, one hundred percent (100%) of the Medicare Part B excess charges, and medically necessary emergency care in a foreign country as defined in Rules 0780-01-58-.08(3)(a), (b), (c), (e), and (h) of this Chapter, respectively. The annual high deductible plan F deductible shall consist of out-of-pocket expenses, other than premiums, for services covered by the Medicare supplement plan F policy, and shall be in addition to any other specific benefit deductibles. The annual high deductible Plan F deductible shall be one thousand five hundred dollars ($1,500) for 1998 and 1999, and shall be based on the calendar year. It shall be adjusted annually thereafter by the Secretary to reflect the change in the Consumer Price Index for all urban consumers for the twelve (12) month period ending with August of the preceding year, and rounded to the nearest multiple of ten dollars ($10).
(h) Standardized Medicare supplement benefit plan G shall include only the following: The core benefit as defined in Rule 0780-01-58-.08(2) of this Chapter, plus the Medicare Part A deductible, skilled nursing facility care, eighty percent (80%) of the Medicare Part B excess charges, medically necessary emergency care in a foreign country, and the at-home recovery benefit as defined in Rules 0780-01-58-.08(3)(a), (b), (d), (h), and (j) of this Chapter, respectively.
(i) Standardized Medicare supplement benefit plan H shall consist of only the following: The core benefit as defined in Rule 0780-01-58-.08(2) of this Chapter, plus the Medicare Part A deductible, skilled nursing facility care, basic prescription drug benefit and medically necessary emergency care in a foreign country as defined in Rules 0780-01-58-.08(3)(a), (b), (f), and (h) of this Chapter, respectively. The outpatient prescription drug benefit shall not be included in a Medicare supplement policy sold after December 31, 2005.
(j) Standardized Medicare supplement benefit plan I shall consist of only the following: The core benefit as defined in Rule 0780-01-58-.08(2) of this Chapter, plus the Medicare Part A deductible, skilled nursing facility care, one hundred percent (100%) of the Medicare Part B excess charges, basic prescription drug benefit, medically necessary emergency care in a foreign country and at-home recovery benefit as defined in Rules 0780-01-58-.08(3)(a), (b), (e), (f), (h), and (j) of this Chapter, respectively. The outpatient prescription drug benefit shall not be included in a Medicare supplement policy sold after December 31, 2005.
(k) Standardized Medicare supplement benefit plan J shall consist of only the following: The core benefit as defined in Rule 0780-01-58-.08(2) of this Chapter, plus the Medicare Part A deductible, skilled nursing facility care, Medicare Part B deductible, one hundred percent (100%) of the Medicare Part B excess charges, extended prescription drug benefit, medically necessary emergency care in a foreign country, preventive medical care and at-home recovery benefit as defined in Rules 0780-01-58-.08(3)(a), (b), (c), (e), (g), (h), (i), and (j) of this Chapter, respectively. The outpatient prescription drug benefit shall not be included in a Medicare supplement policy sold after December 31, 2005.
(l) Standardized Medicare supplement benefit high deductible plan J shall consist of only the following: one hundred percent (100%) of covered expenses following the payment of the annual high deductible plan J deductible. The covered expenses include the core benefit as defined in Rule 0780-01-58-.08(2) of this Chapter, plus the Medicare Part A deductible, skilled nursing facility care, Medicare Part B deductible, one hundred percent (100%) of the Medicare Part B excess charges, extended outpatient prescription drug benefit, medically necessary emergency care in a foreign country, preventive medical care benefit and at-home recovery benefit as defined in Rules 0780-01-58-.08(3)(a), (b), (c), (e), (g), (h), (i), and (j) of this Chapter, respectively. The annual high deductible plan J deductible shall consist of out-of-pocket expenses, other than premiums, for services covered by the Medicare supplement plan J policy, and shall be in addition to any other specific benefit deductibles. The annual deductible shall be one thousand five hundred dollars ($1,500) for 1998 and 1999, and shall be based on a calendar year. It shall be adjusted annually thereafter by the Secretary to reflect the change in the Consumer Price Index for all urban consumers for the twelve (12) month period ending with August of the preceding year, and rounded to the nearest multiple of ten dollars ($10). The outpatient prescription drug benefit shall not be included in a Medicare supplement policy sold after December 31, 2005.
(6) Make-up of two Medicare supplement plans mandated by The Medicare Prescription Drug, Improvement and Modernization Act of 2003 (MMA);
(a) Standardized Medicare supplement benefit plan K shall consist of only those benefits described in Rule 0780-01-58-.08(4)(a) of this Chapter.
(b) Standardized Medicare supplement benefit plan L shall consist of only those benefits described in Rule 0780-01-58-.08(4)(b) of this Chapter.
(7) New or Innovative Benefits: An issuer may, with the prior approval of the commissioner, offer policies or certificates with new or innovative benefits in addition to the benefits provided in a policy or certificate that otherwise complies with the applicable standards. The new or innovative benefits may include benefits that are appropriate to Medicare supplement insurance, new or innovative, not otherwise available, cost-effective, and offered in a manner that is consistent with the goal of simplification of Medicare supplement policies. After December 31, 2005, the innovative benefit shall not include an outpatient prescription drug benefit.

Notes

Tenn. Comp. R. & Regs. 0780-01-58-.10
Original rule filed August 15, 1996; effective October 29, 1996. Public necessity rule filed September 1, 2005; effective through February 13, 2006. Public necessity rule filed September 1, 2005; expired on February 13, 2006. On February 14, 2006, reverted to rule in effect on August 31, 2005. Repeal and new rule filed October 13, 2006; effective December 27, 2006. Public necessity rule filed June 30, 2009; effective through December 12, 2009. Emergency rule filed December 9, 2009; effective through June 7, 2010. Amendment filed December 3, 2009; effective March 3, 2010. Administrative changes made to the authority of this chapter due to revisions in the 2016 Tennessee Code Annotated. Amendments filed November 20, 2018; effective 2/18/2019.

Authority: T.C.A. ยงยง 56-1-701; 56-2-301; 56-6-112; 56-6-124(a); 56-7-1401, et seq.; 56-7-1453; 56-7-1454; 56-7-1455; 56-7-1457; 56-7-1501, et seq.; 56-7-1503; 56-7-1504; 56-7-1505; 56-7-1507; and 56-32-118(a); Omnibus Budget Reconciliation Act of 1990, Pub. L. No. 101-508, (1990); Genetic Information Non Discrimination Act, Pub. L. No. 110-233 (2008); Medicare Improvements for Patients and Providers Act, Pub. L. No. 110-275 (2008); and Medicare Access and CHIP Reauthorization Act, Pub. L. No. 114-10 (2015).

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