2023 -- S 0797

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LC002598

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO INSURANCE -- MEDICARE SUPPLEMENT INSURANCE POLICIES

     

     Introduced By: Senators Miller, DiMario, Sosnowski, Ciccone, DiPalma, Murray,
Pearson, and Lawson

     Date Introduced: March 23, 2023

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 27-18.2 of the General Laws entitled "Medicare Supplement

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Insurance Policies" is hereby amended by adding thereto the following section:

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     27-18.2-3.2. Medicare Part B special enrollment period for end of federal health

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emergency.

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     (a) This section shall apply to any individual Medicare supplement policy and to any group

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Medicare supplement policy issued to a group of which an individual had privileges associated

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with group membership.

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     (b) A carrier that issues Medicare supplement policies in the State of Rhode Island shall

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issue any Medicare supplement policy that the carrier sells in the state to an individual eligible for

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Medicare if the individual:

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     (1) Is enrolled in Medicare Part B while enrolled in the Rhode Island medical assistance

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program;

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     (2) Remained in the Rhode Island medical assistance program due to a suspension of

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termination by the Rhode Island medical assistance program during a state of emergency and was

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not disenrolled or terminated until at least six (6) months following the effective date of enrollment

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in Medicare Part B;

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     (3) Applies for the Medicare supplement policy during the sixty-three (63) day period

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following the later of notice of termination or disenrollment or the date of termination from the

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Rhode Island medical assistance program; and

 

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     (4) Submits evidence of the date of termination or disenrollment from the Rhode Island

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medical assistance program with the application for the Medicare supplement policy.

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     (c) With respect to an individual described in this section, a carrier shall not:

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     (1) Deny or place a condition of the issuance or effectiveness of a Medicare supplement

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policy that is offered and is available for issuance to new enrollees by the carrier;

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     (2) Discriminate on the pricing of a Medicare supplement policy because of health status,

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claims experience, receipt of health care, or medical condition; or

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     (3) Impose an exclusion of benefits based on a preexisting condition under a Medicare

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supplement policy.

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     (d) This section shall sunset on December 31, 2025.

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     SECTION 2. This act shall take effect upon passage and sunset on December 31, 2025.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO INSURANCE -- MEDICARE SUPPLEMENT INSURANCE POLICIES

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     This act would provide a special enrollment period for applicants for Medicare Part B. This

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act would also prohibit state insurance carriers from denying or imposing conditions on new

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enrollees or discriminate on price based upon health status, claims experience or preexisting

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conditions.

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     This act would take effect upon passage and sunset on December 31, 2025.

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