LAWRENCE J. HOGAN, JR., Governor Ch. 680
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Chapter 680
(House Bill 247)
AN ACT concerning
Insurance – Medicare Supplement Policy Plans Policies – Open Enrollment
Period Following Birthday
FOR the purpose of requiring a carrier, during a certain time period following the
individual’s birthday, to make available to an individual enrolled in a Medicare
supplement policy plan different Medicare supplement policy plans policies with
benefits that are equal to or less than the benefits of the individual’s existing
coverage; prohibiting a carrier, for a plan policy required to be made available under
this Act, from denying or conditioning the effectiveness of the plan policy,
discriminating in the pricing of the plan policy, or denying, reducing, or conditioning
coverage to the individual based on certain factors; and generally relating to
Medicare supplement policy plans policies.
BY repealing and reenacting, with amendments,
Article – Insurance
Section 15–909(b)(2)
Annotated Code of Maryland
(2017 Replacement Volume and 2021 Supplement)
BY adding to
Article – Insurance
Section 15–909(b)(6)
Annotated Code of Maryland
(2017 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, without amendments,
Article – Insurance
Section 15–909(d)
Annotated Code of Maryland
(2017 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Insurance
15–909.
(b) (2) Notwithstanding [paragraph] PARAGRAPHS (1)(ii) OR (6)(III)2 of this
subsection, a carrier may include in a Medicare supplement policy a provision that complies
with subsection (d) of this section. Ch. 680 2022 LAWS OF MARYLAND
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(b) (6) (I) THIS PARAGRAPH APPLIE S ONLY ON AND AFTER JULY 1,
2023.
(II) DURING THE 30 DAYS FOLLOWING THE B IRTHDAY OF AN
INDIVIDUAL ENROLLED IN A MEDICARE SUPPLEMENT P OLICY PLAN, A CARRIER
SHALL MAKE AVAILABLE TO THE INDIVIDUAL DI FFERENT MEDICARE SUPPLEMENT
POLICY PLANS POLICIES WITH BENEFITS THAT A RE EQUAL TO OR LESS THAN THE
BENEFITS OF THE INDI VIDUAL’S EXISTING COVERAGE .
(II) A REPLACEMENT MEDICARE SUPPLEMENT P OLICY PLAN
MADE AVAILABLE TO AN INDIVIDUAL UNDER SUB PARAGRAPH (I) OF THIS
PARAGRAPH SHALL BE D EEMED TO HAVE BENEFI TS THAT ARE EQUAL TO OR LESS
THAN THE INDIVIDUAL ’S EXISTING COVERAGE UNLESS:
1. THE REPLACEMENT PLAN CONTAINS:
A. COVERAGE FOR 100% OF THE MEDICARE PART A
DEDUCTIBLE ; OR
B. COVERAGE FOR PART B EXCESS CHARGES ; AND
2. ONE OR BOTH OF THE B ENEFITS DESCRIBED UN DER
ITEM 1A AND B OF THIS SUBPARAGRAPH ARE NOT INCLUDED IN THE INDIVIDUAL’S
EXISTING COVERAGE .
(III) 1. FOR PURPOSES OF THIS PARAGRAPH , A MEDICARE
SUPPLEMENT POLICY HA S EQUAL OR LESSER BE NEFITS UNLESS :
A. IT CONTAINS ONE OR M ORE SIGNIFICANT BENE FITS
NOT INCLUDED IN THE MEDICARE SUPPLEMENT P OLICY BEING REPLACED ; OR
B. IT CONTAINS THE SAME SIGNIFICANT BENEFITS
INCLUDED IN THE MEDICARE SUPPLEMENT P OLICY BEING REPLACED BUT IT
REDUCES THE COST –SHARING RESPONSIBILI TIES OF THE ENROLLEE FOR THE
BENEFITS.
2. THE COMMISSIONER SHALL AD OPT REGULATIONS
ESTABLISHING A MATRI X FOR IDENTIFYING WH ICH MEDICARE SUPPLEMENT
POLICIES HAVE EQUAL OR LESSER B ENEFITS.
LAWRENCE J. HOGAN, JR., Governor Ch. 680
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(III) (IV) FOR A MEDICARE SUPPLEMENT P OLICY PLAN
REQUIRED TO BE MADE AVAILABLE UNDER SUBP ARAGRAPH (I) (II) OF THIS
PARAGRAPH , A CARRIER MAY NOT :
1. DENY OR CONDITION TH E ISSUANCE OR
EFFECTIVENESS OF A MEDICARE SUPPLEM ENT POLICY PLAN, OR DISCRIMINATE IN
THE PRICING OF THE PLAN POLICY, BECAUSE OF THE HEALT H STATUS, CLAIMS
EXPERIENCE, OR MEDICAL CONDITION OF THE INDIVIDUAL OR THE RECEIPT OF
HEALTH CARE BY THE I NDIVIDUAL; OR
2. DENY, REDUCE, OR CONDITION COVERAG E TO THE
INDIVIDUAL FOR A MEDICARE SUPPLEMENT P OLICY PLAN BECAUSE OF THE HEALT H
STATUS, CLAIMS EXPERIENCE , OR MEDICAL CONDITION OF THE INDIVIDUAL OR THE
USE OF MEDICAL CARE BY THE INDIVIDUAL .
(IV) (V) A CARRIER THAT OFFERS MEDICARE SUPPLEMENT
POLICY PLANS POLICIES SHALL NOTIFY AN INSU RED OF THE INSURED ’S RIGHTS
UNDER THIS PARAGRAPH AT LEAST 30 DAYS, BUT NOT MORE THAN 60 DAYS, BEFORE
THE INSURED’S BIRTHDAY.
(d) (1) Notwithstanding any other provision of law, a Medicare supplement
policy or certificate may not exclude or limit benefits for losses incurred more than 6 months
after the effective date of coverage because the losses involved a preexisting condition.
(2) A Medicare supplement policy or certificate may not define a
preexisting condition more restrictively than a condition for which a physician gave medical
advice or recommended or gave treatment within 6 months before the effective date of
coverage.
SECTION 2. AND BE IT FURTHER ENACTED, T hat this Act shall take effect
October 1, 2022 January 1, 2023.
Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.