044-35 Wyo. Code R. §§ 35-11 - 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 six (6)
month period beginning with the first day of the first month in which an
individual is both 65 years of age or older and is 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:
(i) Qualifies under Subsection (a) and
submits an application during the time period referenced in Subsection (a) and,
as of the date of application, has had a continuous period of creditable
coverage of at least six months, the issuer shall not exclude benefits based on
a preexisting condition.
(ii)
Qualifies under Subsection (a) and submits an application during the time
period referenced in Subsection (a) and, as of the date of application, has had
a continuous period of creditable coverage that is less than six 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.
(c) Except as provided in Subsection (b) and
Sections
12 and
23, Subsection (a) shall not be construed
as preventing the exclusion of benefits under a policy, during the first ninety
(90) days, based on a preexisting condition for which the policyholder or
certificate holder received treatment or was otherwise diagnosed during the
ninety (90) days before the coverage became effective.
Notes
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