Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2023 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 215
AN ACT to amend the Indiana Code concerning insurance.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 27-8-13-9, AS AMENDED BY P.L.227-2019,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 9. (a) A Medicare supplement policy, contract, or
certificate in force in Indiana may not contain benefits that duplicate
benefits provided by Medicare. However, a change in Medicare
coverage that becomes effective after a Medicare supplement policy,
contract, or certificate is in force in Indiana and that causes a
duplication of benefits does not void the policy, contract, or certificate.
(b) The commissioner shall adopt rules under IC 4-22-2 to establish
specific standards for policy provisions of Medicare supplement
policies and certificates. Such standards shall be in addition to and in
accordance with Indiana law. No requirement of IC 27 relating to
minimum required policy benefits other than the minimum standards
contained in this chapter apply to Medicare supplement policies and
certificates. The standards may cover, but are not 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
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(9) definitions of terms.
(c) The commissioner may adopt rules under IC 4-22-2 that specify
prohibited policy provisions not specifically authorized by statute that,
in the opinion of the commissioner, are unjust, unfair, or unfairly
discriminatory to a person insured or proposed to be insured under a
Medicare supplement policy or certificate.
(d) Notwithstanding any other law, a Medicare supplement policy
or certificate shall not exclude or limit benefits for a loss incurred more
than six (6) months after the effective date of the policy because the
loss involves 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 (6) months before the effective
date of coverage.
(e) After June 30, 2020, an issuer that makes a Medicare
supplement policy or certificate available to a person who is at least
sixty-five (65) years of age and eligible for Medicare benefits as
described in 42 U.S.C. 1395c(1) shall make at least one (1) Medicare
supplement policy or certificate that meets the requirements of section
9.5 of this chapter available to an individual who is eligible for and
enrolled in Medicare by reason of disability as described in 42 U.S.C.
1395c(2). 42 U.S.C. 426 and 42 U.S.C. 423. This subsection expires
January 1, 2025.
SECTION 2. IC 27-8-13-9.1 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: Sec. 9.1. After December 31, 2024, an issuer that makes a
Medicare supplement policy or certificate available to a person
who is at least sixty-five (65) years of age and is eligible for
Medicare benefits as described in 42 U.S.C. 1395c(1) shall make the
equivalent Medicare supplement policy or certificate available to
an individual who:
(1) is less than sixty-five (65) years of age; and
(2) is eligible for and enrolled in Medicare:
(A) by reason of a disability as described in 42 U.S.C.
426(b) and defined in 42 U.S.C. 423(d); or
(B) by reason of being medically determined to have end
stage renal disease as described in 42 U.S.C. 426-1.
SECTION 3. IC 27-8-13-9.2 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: Sec. 9.2. (a) This section applies to an individual:
(1) who is less than sixty-five (65) years of age;
(2) who is eligible for and enrolled in Medicare:
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(A) by reason of a disability as described in 42 U.S.C.
426(b) and defined in 42 U.S.C. 423(d); or
(B) by reason of being medically determined to have end
stage renal disease as described in 42 U.S.C. 426-1; and
(3) who applies for a Medicare supplement policy or
certificate and either:
(A) submits the application before or during the six (6)
month period beginning with the first day of the first
month during which the applicant becomes enrolled for
benefits under Medicare Part B without regard to age; or
(B) was enrolled for benefits under Medicare Part B
without regard to age before January 1, 2025, and:
(i) submits the application for a Medicare supplement
policy or certificate during the six (6) month period
beginning January 1, 2025; or
(ii) is unable to submit an application for a Medicare
supplement policy or certificate because an application
is not yet available but makes a request for an
application for a Medicare supplement policy or
certificate during the six (6) month period beginning
January 1, 2025.
(b) After December 31, 2024, the issuer of a Medicare
supplement policy or certificate shall not:
(1) deny or condition the issuance or effectiveness of a
Medicare supplement policy or certificate to which subsection
(a)(3) applies because of the health status, claims experience,
receipt of health care, or medical condition of an individual
described in subsection (a);
(2) charge an individual described in subsection (a) a
premium rate for a standardized Plan A, Plan B, or Plan D
Medicare supplement policy or certificate to which subsection
(a)(3) applies that exceeds the premium rate the issuer
charges an individual who is sixty-five (65) years of age for
the same Medicare supplement policy or certificate;
(3) charge an individual described in subsection (a) a
premium rate for any standardized lettered Medicare
supplement policy or certificate other than those specified in
subdivision (2) to which subsection (a)(3) applies that exceeds
two hundred percent (200%) of the premium rate the issuer
charges an individual who is sixty-five (65) years of age for
the same Medicare supplement policy or certificate; or
(4) issue to an individual described in subsection (a) a
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Medicare supplement policy or certificate to which subsection
(a)(3) applies that contains:
(A) a waiting period; or
(B) a preexisting condition limitation or exclusion.
SECTION 4. IC 27-8-13-9.5, AS AMENDED BY P.L.156-2020,
SECTION 110, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 9.5. (a) This section applies:
(1) after June 30, 2020; and
(2) to a Medicare supplement policy or certificate made available
under section 9(e) of this chapter to an individual who is eligible
for and enrolled in Medicare by reason of disability as described
in 42 U.S.C. 1395c(2).
(b) A Medicare supplement policy or certificate described in
subsection (a) must meet the following requirements:
(1) Except as provided in this section, meet all requirements of
this chapter that apply to a Medicare supplement policy or
certificate made available to a person who is at least sixty-five
(65) years of age and eligible for Medicare as described in 42
U.S.C. 1395c(1).
(2) Be standardized as Plan A by the federal Centers for Medicare
and Medicaid Services.
(c) An individual may enroll in a Medicare supplement policy or
certificate under this section as follows:
(1) At any time the individual is authorized or required to enroll
under federal law.
(2) Either:
(A) on July 1, 2020; or
(B) six (6) months after enrolling in Medicare Part B;
whichever is later.
(3) Within six (6) months after receiving notice that the individual
has been retroactively enrolled in Medicare Part B due to a
retroactive eligibility decision under 42 U.S.C. 1395.
(4) Within six (6) months after experiencing a qualifying event
under 42 U.S.C. 1395.
(d) Notwithstanding any other law, an issuer or another entity may
provide to an insurance producer or another agent of the issuer or other
entity a commission or other compensation of not more than two
percent (2%) of the premium for the sale of a Medicare supplement
policy or certificate described in subsection (a).
(e) This section expires January 1, 2025.
SEA 215 — Concur President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
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