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Maryland House Bill HB247

Maryland 2022 Regular Session

Maryland House Bill HB247 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 680
21
3-– 1 –
4-Chapter 680
5-(House Bill 247)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb0247*
89
9-Insurance – Medicare Supplement Policy Plans Policies – Open Enrollment
10-Period Following Birthday
10+HOUSE BILL 247
11+J5 2lr1531
12+HB 1063/21 – HGO
13+By: Delegates Reznik, Jalisi, McComas, Moon, Valentino –Smith, and K. Young
14+K. Young, Bagnall, Belcastro, Bhandari, Carr, Chisholm, Cullison, Hill,
15+Johnson, Kaiser, Kelly, Kerr, Kipke, Krebs, Landis, R. Lewis, Morgan,
16+Reilly, Rosenberg, Saab, Sample–Hughes, and Szeliga
17+Introduced and read first time: January 13, 2022
18+Assigned to: Health and Government Operations
19+Committee Report: Favorable with amendments
20+House action: Adopted
21+Read second time: February 22, 2022
1122
12-FOR the purpose of requiring a carrier, during a certain time period following the
13-individual’s birthday, to make available to an individual enrolled in a Medicare
14-supplement policy plan different Medicare supplement policy plans policies with
15-benefits that are equal to or less than the benefits of the individual’s existing
16-coverage; prohibiting a carrier, for a plan policy required to be made available under
17-this Act, from denying or conditioning the effectiveness of the plan policy,
18-discriminating in the pricing of the plan policy, or denying, reducing, or conditioning
19-coverage to the individual based on certain factors; and generally relating to
20-Medicare supplement policy plans policies.
23+CHAPTER ______
2124
22-BY repealing and reenacting, with amendments,
23- Article – Insurance
24- Section 15–909(b)(2)
25- Annotated Code of Maryland
26- (2017 Replacement Volume and 2021 Supplement)
25+AN ACT concerning 1
2726
28-BY adding to
29- Article – Insurance
30-Section 15–909(b)(6)
31- Annotated Code of Maryland
32- (2017 Replacement Volume and 2021 Supplement)
27+Insurance – Medicare Supplement Policy Plans Policies – Open Enrollment 2
28+Period Following Birthday 3
3329
34-BY repealing and reenacting, without amendments,
35- Article – Insurance
36- Section 15–909(d)
37- Annotated Code of Maryland
38- (2017 Replacement Volume and 2021 Supplement)
30+FOR the purpose of requiring a carrier, during a certain time period following the 4
31+individual’s birthday, to make available to an individual enrolled in a Medicare 5
32+supplement policy plan different Medicare supplement policy plans policies with 6
33+benefits that are equal to or less than the benefits of the individual’s existing 7
34+coverage; prohibiting a carrier, for a plan policy required to be made available under 8
35+this Act, from denying or conditioning the effectiveness of the plan policy, 9
36+discriminating in the pricing of the plan policy, or denying, reducing, or conditioning 10
37+coverage to the individual based on certain factors; and generally relating to 11
38+Medicare supplement policy plans policies. 12
3939
40- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
41-That the Laws of Maryland read as follows:
40+BY repealing and reenacting, with amendments, 13
41+ Article – Insurance 14
42+ Section 15–909(b)(2) 15
43+ Annotated Code of Maryland 16
44+ (2017 Replacement Volume and 2021 Supplement) 17
4245
43-Article – Insurance
46+BY adding to 18
47+ Article – Insurance 19
48+Section 15–909(b)(6) 20 2 HOUSE BILL 247
4449
45-15–909.
4650
47- (b) (2) Notwithstanding [paragraph] PARAGRAPHS (1)(ii) OR (6)(III)2 of this
48-subsection, a carrier may include in a Medicare supplement policy a provision that complies
49-with subsection (d) of this section. Ch. 680 2022 LAWS OF MARYLAND
51+ Annotated Code of Maryland 1
52+ (2017 Replacement Volume and 2021 Supplement) 2
5053
51-– 2 –
54+BY repealing and reenacting, without amendments, 3
55+ Article – Insurance 4
56+ Section 15–909(d) 5
57+ Annotated Code of Maryland 6
58+ (2017 Replacement Volume and 2021 Supplement) 7
5259
53- (b) (6) (I) THIS PARAGRAPH APPLIE S ONLY ON AND AFTER JULY 1,
54-2023.
60+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8
61+That the Laws of Maryland read as follows: 9
5562
56- (II) DURING THE 30 DAYS FOLLOWING THE B IRTHDAY OF AN
57-INDIVIDUAL ENROLLED IN A MEDICARE SUPPLEMENT P OLICY PLAN, A CARRIER
58-SHALL MAKE AVAILABLE TO THE INDIVIDUAL DI FFERENT MEDICARE SUPPLEMENT
59-POLICY PLANS POLICIES WITH BENEFITS THAT A RE EQUAL TO OR LESS THAN THE
60-BENEFITS OF THE INDI VIDUAL’S EXISTING COVERAGE .
63+Article – Insurance 10
6164
62- (II) A REPLACEMENT MEDICARE SUPPLEMENT P OLICY PLAN
63-MADE AVAILABLE TO AN INDIVIDUAL UNDER SUB PARAGRAPH (I) OF THIS
64-PARAGRAPH SHALL BE D EEMED TO HAVE BENEFI TS THAT ARE EQUAL TO OR LESS
65-THAN THE INDIVIDUAL ’S EXISTING COVERAGE UNLESS:
65+15–909. 11
6666
67- 1. THE REPLACEMENT PLAN CONTAINS:
67+ (b) (2) Notwithstanding [paragraph] PARAGRAPHS (1)(ii) OR (6)(III)2 of this 12
68+subsection, a carrier may include in a Medicare supplement policy a provision that complies 13
69+with subsection (d) of this section. 14
6870
69- A. COVERAGE FOR 100% OF THE MEDICARE PART A
70-DEDUCTIBLE ; OR
71+ (b) (6) (I) THIS PARAGRAPH APPLIES ON LY ON AND AFTER JULY 1, 15
72+2023. 16
7173
72- B. COVERAGE FOR PART B EXCESS CHARGES ; AND
74+ (II) DURING THE 30 DAYS FOLLOWING THE B IRTHDAY OF AN 17
75+INDIVIDUAL ENROLLED IN A MEDICARE SUPPLEMENT P OLICY PLAN, A CARRIER 18
76+SHALL MAKE AVAILABLE TO THE INDIVIDUAL DI FFERENT MEDICARE SUPPLEMENT 19
77+POLICY PLANS POLICIES WITH BENEFITS THAT A RE EQUAL TO OR LESS THAN THE 20
78+BENEFITS OF THE INDI VIDUAL’S EXISTING COVERAGE . 21
7379
74- 2. ONE OR BOTH OF THE B ENEFITS DESCRIBED UN DER
75-ITEM 1A AND B OF THIS SUBPARAGRAPH ARE NOT INCLUDED IN THE INDIVIDUAL’S
76-EXISTING COVERAGE .
80+ (II) A REPLACEMENT MEDICARE SUPPLEMENT P OLICY PLAN 22
81+MADE AVAILABLE TO AN INDIVIDUAL UNDER SUB PARAGRAPH (I) OF THIS 23
82+PARAGRAPH SHALL BE D EEMED TO HA VE BENEFITS THAT ARE EQUAL TO OR LESS 24
83+THAN THE INDIVIDUAL ’S EXISTING COVERAGE UNLESS: 25
7784
78- (III) 1. FOR PURPOSES OF THIS PARAGRAPH , A MEDICARE
79-SUPPLEMENT POLICY HA S EQUAL OR LESSER BE NEFITS UNLESS :
85+ 1. THE REPLACEMENT PLAN CONTAINS: 26
8086
81- A. IT CONTAINS ONE OR M ORE SIGNIFICANT BENE FITS
82-NOT INCLUDED IN THE MEDICARE SUPPLEMENT P OLICY BEING REPLACED ; OR
87+ A. COVERAGE FOR 100% OF THE MEDICARE PART A 27
88+DEDUCTIBLE; OR 28
8389
84- B. IT CONTAINS THE SAME SIGNIFICANT BENEFITS
85-INCLUDED IN THE MEDICARE SUPPLEMENT P OLICY BEING REPLACED BUT IT
86-REDUCES THE COST –SHARING RESPONSIBILI TIES OF THE ENROLLEE FOR THE
87-BENEFITS.
90+ B. COVERAGE FOR PART B EXCESS CHARGES ; AND 29
8891
89- 2. THE COMMISSIONER SHALL AD OPT REGULATIONS
90-ESTABLISHING A MATRI X FOR IDENTIFYING WH ICH MEDICARE SUPPLEMENT
91-POLICIES HAVE EQUAL OR LESSER B ENEFITS.
92- LAWRENCE J. HOGAN, JR., Governor Ch. 680
92+ 2. ONE OR BOTH OF THE BENEFITS DESC RIBED UNDER 30
93+ITEM 1A AND B OF THIS SUBPARAGRAPH ARE NOT INCLUDED IN THE INDIVIDUAL ’S 31
94+EXISTING COVERAGE . 32
95+ HOUSE BILL 247 3
9396
94-– 3 –
95- (III) (IV) FOR A MEDICARE SUPPLEMENT P OLICY PLAN
96-REQUIRED TO BE MADE AVAILABLE UNDER SUBP ARAGRAPH (I) (II) OF THIS
97-PARAGRAPH , A CARRIER MAY NOT :
9897
99- 1. DENY OR CONDITION TH E ISSUANCE OR
100-EFFECTIVENESS OF A MEDICARE SUPPLEM ENT POLICY PLAN, OR DISCRIMINATE IN
101-THE PRICING OF THE PLAN POLICY, BECAUSE OF THE HEALT H STATUS, CLAIMS
102-EXPERIENCE, OR MEDICAL CONDITION OF THE INDIVIDUAL OR THE RECEIPT OF
103-HEALTH CARE BY THE I NDIVIDUAL; OR
98+ (III) 1. FOR PURPOSES OF THIS PARAGRAPH , A MEDICARE 1
99+SUPPLEMENT POLICY HA S EQUAL OR LESSER BE NEFITS UNLESS: 2
104100
105- 2. DENY, REDUCE, OR CONDITION COVERAG E TO THE
106-INDIVIDUAL FOR A MEDICARE SUPPLEMENT P OLICY PLAN BECAUSE OF THE HEALT H
107-STATUS, CLAIMS EXPERIENCE , OR MEDICAL CONDITION OF THE INDIVIDUAL OR THE
108-USE OF MEDICAL CARE BY THE INDIVIDUAL .
101+ A. IT CONTAINS ONE OR MORE SIGNIFIC ANT BENEFITS 3
102+NOT INCLUDED IN THE MEDICARE SUPPLEMENT P OLICY BEING REPLACED ; OR 4
109103
110- (IV) (V) A CARRIER THAT OFFERS MEDICARE SUPPLEMENT
111-POLICY PLANS POLICIES SHALL NOTIFY AN INSU RED OF THE INSURED ’S RIGHTS
112-UNDER THIS PARAGRAPH AT LEAST 30 DAYS, BUT NOT MORE THAN 60 DAYS, BEFORE
113-THE INSURED’S BIRTHDAY.
104+ B. IT CONTAINS THE SAME SIGNIFICANT BENEFITS 5
105+INCLUDED IN THE MEDICARE SUPPLEMENT P OLICY BEING REPLACED BUT IT 6
106+REDUCES THE COST –SHARING RESPONSIBILI TIES OF THE ENROLLEE FOR THE 7
107+BENEFITS. 8
114108
115- (d) (1) Notwithstanding any other provision of law, a Medicare supplement
116-policy or certificate may not exclude or limit benefits for losses incurred more than 6 months
117-after the effective date of coverage because the losses involved a preexisting condition.
109+ 2. THE COMMISSIONER SHALL AD OPT REGULATIONS 9
110+ESTABLISHING A MATRI X FOR IDENTIFYING WH ICH MEDICARE SUPPLEMENT 10
111+POLICIES HAVE EQUAL OR LESSER BENEFITS . 11
118112
119- (2) A Medicare supplement policy or certificate may not define a
120-preexisting condition more restrictively than a condition for which a physician gave medical
121-advice or recommended or gave treatment within 6 months before the effective date of
122-coverage.
113+ (III) (IV) FOR A MEDICARE SUPPLEMENT P OLICY PLAN 12
114+REQUIRED TO BE MADE AVAILABLE UNDER SUBPARAGRAPH (I) (II) OF THIS 13
115+PARAGRAPH , A CARRIER MAY NOT : 14
123116
124- SECTION 2. AND BE IT FURTHER ENACTED, T hat this Act shall take effect
125-October 1, 2022 January 1, 2023.
117+ 1. DENY OR CONDITION TH E ISSUANCE OR 15
118+EFFECTIVENESS OF A MEDICARE SUPPLEMENT P OLICY PLAN, OR DISCRIMINATE IN 16
119+THE PRICING OF THE PLAN POLICY, BECAUSE OF THE HEALT H STATUS, CLAIMS 17
120+EXPERIENCE, OR MEDICAL CONDITION OF THE INDIVIDUAL OR THE RECEIPT OF 18
121+HEALTH CARE BY THE I NDIVIDUAL; OR 19
126122
127-Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.
123+ 2. DENY, REDUCE, OR CONDITION COVERAG E TO THE 20
124+INDIVIDUAL FOR A MEDICARE SUPPLEMENT P OLICY PLAN BECAUSE OF THE HEALT H 21
125+STATUS, CLAIMS EXPERIENCE , OR MEDICAL CONDITION OF THE INDIVIDUAL OR THE 22
126+USE OF MEDICAL CARE BY THE INDIVIDUAL . 23
127+
128+ (IV) (V) A CARRIER THAT OFFERS MEDICARE SUPPLEMENT 24
129+POLICY PLANS POLICIES SHALL NOTIFY AN INSU RED OF THE INSURED ’S RIGHTS 25
130+UNDER THIS PARAGRAPH AT LEAST 30 DAYS, BUT NOT MORE THAN 60 DAYS, BEFORE 26
131+THE INSURED’S BIRTHDAY. 27
132+
133+ (d) (1) Notwithstanding any other provision of law, a Medicare supplement 28
134+policy or certificate may not exclude or limit benefits for losses incurred more than 6 months 29
135+after the effective date of coverage because the losses involved a preexisting condition. 30
136+
137+ (2) A Medicare supplement policy or certificate may not define a 31
138+preexisting condition more restrictively than a condition for which a physician gave medical 32
139+advice or recommended or gave treatment within 6 months before the effective date of 33
140+coverage. 34
141+ 4 HOUSE BILL 247
142+
143+
144+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
145+October 1, 2022 January 1, 2023. 2
146+
147+
148+
149+
150+Approved:
151+________________________________________________________________________________
152+ Governor.
153+________________________________________________________________________________
154+ Speaker of the House of Delegates.
155+________________________________________________________________________________
156+ President of the Senate.