Bill Text: GA SB316 | 2009-2010 | Regular Session | Engrossed
Bill Title: Medicare Supplemental; make available to persons under age 65 who qualify for medicare due to disability or end-stage renal disease
Spectrum: Bipartisan Bill
Status: (Passed) 2010-11-01 - Effective Date [SB316 Detail]
Download: Georgia-2009-SB316-Engrossed.html
10 LC
37 1014S (SCS)
Senate
Bill 316
By:
Senators Thomas of the 54th and Harbison of the 15th
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 43 of Title 33 of the Official Code of Georgia Annotated, relating
to medicare supplement insurance, so as to require insurers who offer medicare
supplemental insurance policies in this state to make available supplemental
policies to persons under the age of 65 who qualify for medicare due to
disability or end-stage renal disease; to provide for time frames when persons
may enroll in a medicare supplement insurance policy; to provide for payment by
third parties; to provide for limitations on differences in premiums charged to
different applicants; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
43 of Title 33 of the Official Code of Georgia Annotated, relating to medicare
supplemental insurance, is amended by revising Code Section 33-43-3, relating to
duplicate benefits prohibited and establishment of standards, as
follows:
"33-43-3.
(a)
No medicare supplement insurance policy or certificate in force in this state
shall contain benefits which duplicate benefits provided by
medicare.
(b)
Notwithstanding any other provision of Georgia law, a medicare supplement policy
or certificate shall not exclude or limit benefits for losses incurred more than
six months from the effective date of coverage because it involved a preexisting
condition. The policy or certificate shall not define a preexisting condition
more restrictively than a condition for which medical advice was given or
treatment was recommended by or received from a physician within six months
before the effective date of coverage.
(c)
The Commissioner shall adopt reasonable regulations to establish specific
standards for policy provisions of medicare supplement policies and
certificates. Such standards shall be in addition to and in accordance with
applicable laws of this state. No requirement of this title relating to minimum
required policy benefits, other than the minimum standards contained in this
chapter, shall apply to medicare supplement policies and certificates. The
standards may cover, but shall not be limited to:
(1)
Terms of renewability;
(2)
Initial and subsequent conditions of eligibility;
(3)
Nonduplication of coverage;
(4)
Probationary periods;
(5)
Benefit limitations, exceptions, and reductions;
(6)
Elimination periods;
(7)
Requirements for replacement;
(8)
Recurrent conditions; and
(9)
Definitions of terms.
(d)
The Commissioner shall adopt reasonable regulations to establish minimum
standards for benefits, claims payment, marketing practices, compensation
arrangements, and reporting practices for medicare supplement policies and
certificates.
(e)
The Commissioner may adopt from time to time such reasonable regulations as are
necessary to conform medicare supplement policies and certificates to the
requirements of federal law and regulations promulgated thereunder, including,
but not limited to:
(1)
Requiring refunds or credits if the policies or certificates do not meet loss
ratio requirements;
(2)
Establishing a uniform methodology for calculating and reporting loss
ratios;
(3)
Assuring public access to policies, premiums, and loss ratio information of
issuers of medicare supplement insurance;
(4)
Establishing a process for approving or disapproving policy forms, certificate
forms, and proposed premium increases;
(5)
Establishing a policy for holding public hearings prior to approval of premium
increases; and
(6)
Establishing standards for medicare select policies and
certificates.
(f)
The Commissioner may adopt reasonable regulations that specify prohibited policy
provisions not otherwise specifically authorized by statute which, in the
opinion of the Commissioner, are unjust, unfair, or unfairly discriminatory to
any person insured or proposed to be insured under a medicare supplement policy
or certificate.
(g)
Insurers offering medicare supplement policies in this state to persons 65 years
of age or older shall also offer medicare supplement policies to persons in
this state who are eligible for and enrolled in medicare by reason of disability
or end-stage renal disease. Except as otherwise provided in this Code section,
all benefits, protections, policies, and procedures that apply to persons 65
years of age or older shall also apply to persons that are eligible for and
enrolled in medicare by reason of disability or end-stage renal
disease.
(h)
Persons may enroll in a medicare supplement policy at any time authorized or
required by the federal government, or within six months of:
(1)
Enrolling in medicare Part B, or by January 1, 2011, for an individual who is
under 65 years of age and is eligible for medicare because of disability or
end-stage renal disease, whichever is later;
(2)
Receiving notice that such person has been retroactively enrolled in medicare
Part B due to a retroactive eligibility decision made by the Social Security
Administration; or
(3)
Having had a prior health insurance policy, accident and sickness policy,
employer-sponsored medicare supplement insurance policy, or Medicare Advantage
plan terminated or cancelled due to the applicant's employment status, a
decision of the individual applicant's employer, or an action by an insurer
unrelated to the applicant's status or conduct.
(i)
No policy or certificate issued pursuant to this chapter shall prohibit payment
made by third parties on behalf of individual applicants or individuals within a
group applicant so long as full payment is made in a timely manner as provided
in the policy.
(j)
Premiums for medicare supplemental insurance policies may differ between persons
who qualify for medicare who are 65 years of age or older and those who qualify
for medicare who are younger than 65 years of age; provided, however, that such
differences in premiums shall not be excessive, inadequate, or unfairly
discriminatory."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.