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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY LONGIETTI, CALTAGIRONE, CARROLL, COHEN, D. COSTA, DALEY, DeLUCA, DONATUCCI, GEORGE, GIBBONS, HALUSKA, HARKINS, HORNAMAN, JOSEPHS, MURT, PETRARCA, SABATINA, SWANGER AND WHITE, MARCH 17, 2011 |
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| REFERRED TO COMMITTEE ON INSURANCE, MARCH 17, 2011 |
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| AN ACT |
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1 | Amending the act of December 15, 1982 (P.L.1291, No.292), |
2 | entitled "An act to provide for the reasonable |
3 | standardization and minimum loss ratios of coverage and |
4 | simplification of terms and benefits of group medicare |
5 | supplement accident and health insurance policies or group |
6 | subscriber contracts of health plan corporations and |
7 | nonprofit health service plans; to facilitate public |
8 | understanding and comparison of such policies; to eliminate |
9 | provisions contained in such policies which may be misleading |
10 | or confusing in connection with the purchase thereof or with |
11 | the settlement of claims; and to provide for full disclosure |
12 | in the sale of such coverages to persons eligible for |
13 | medicare by reason of age," providing for the return of |
14 | premium funds under certain circumstances. |
15 | The General Assembly of the Commonwealth of Pennsylvania |
16 | hereby enacts as follows: |
17 | Section 1. Section 8 of the act of December 15, 1982 |
18 | (P.L.1291, No.292), known as the Medicare Supplement Insurance |
19 | Act, is amended to read: |
20 | Section 8. Requirements for replacement. |
21 | (a) Application or enrollment forms shall include a question |
22 | designed to elicit information as to whether a certificate to be |
23 | issued under a medicare supplement policy is intended to replace |
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1 | any other accident and health insurance presently in force. A |
2 | supplementary application or other form to be signed by the |
3 | applicant containing such a question may be used. |
4 | (b) Upon determining that a sale will involve replacement, |
5 | an insurer, other than a direct response insurer, or its agent, |
6 | shall furnish the applicant, prior to issuance or delivery of |
7 | the certificate, a notice designed to inform the applicant of |
8 | the essential differences in coverage on a form consistent with |
9 | the then current model notification form adopted by the National |
10 | Association of Insurance Commissioners. One copy of such notice |
11 | shall be retained by the applicant and an additional copy signed |
12 | by the applicant shall be retained by the insurer. A direct |
13 | response insurer shall deliver the notice to the applicant upon |
14 | issuance of the certificate. |
15 | (c) An insurer shall refund the balance of any premium paid |
16 | under a Medicare supplement policy upon receipt of proof from |
17 | the insured that other insurance coverage was obtained. |
18 | Section 2. This act shall take effect immediately. |
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