Minnesota 2025-2026 Regular Session

Minnesota House Bill HF2335 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to health insurance; modifying preexisting condition limitations in Medicare
3	3	1.3 supplement insurance policies; amending Minnesota Statutes 2024, sections 62A.31,
4	4	1.4 subdivisions 1, 1f, 1h, 1p, 1u, 4; 62A.44, subdivision 2; repealing Minnesota
5	5	1.5 Statutes 2024, sections 62A.3099, subdivision 18b; 62A.31, subdivision 1w; Laws
6	6	1.6 2023, chapter 57, article 2, section 66.
7	7	1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
8	8	1.8 Section 1. Minnesota Statutes 2024, section 62A.31, subdivision 1, is amended to read:
9	9	1.9 Subdivision 1.Policy requirements.No individual or group policy, certificate, subscriber
10	10	1.10contract issued by a health service plan corporation regulated under chapter 62C, or other
11	11	1.11evidence of accident and health insurance the effect or purpose of which is to supplement
12	12	1.12Medicare coverage, including to supplement coverage under Medicare Advantage plans
13	13	1.13established under Medicare Part C, issued or delivered in this state or offered to a resident
14	14	1.14of this state shall be sold or issued to an individual covered by Medicare unless the
15	15	1.15requirements in subdivisions 1a to 1w 1v are met.
16	16	1.16 Sec. 2. Minnesota Statutes 2024, section 62A.31, subdivision 1f, is amended to read:
17	17	1.17 Subd. 1f.Suspension based on entitlement to medical assistance.(a) The policy or
18	18	1.18certificate must provide that benefits and premiums under the policy or certificate shall be
19	19	1.19suspended for any period that may be provided by federal regulation at the request of the
20	20	1.20policyholder or certificate holder for the period, not to exceed 24 months, in which the
21	21	1.21policyholder or certificate holder has applied for and is determined to be entitled to medical
22	22	1.22assistance under title XIX of the Social Security Act, but only if the policyholder or certificate
23	23	1Sec. 2.
24	24	REVISOR RSI/ES 25-0379703/07/25
25	25	State of Minnesota
26	26	This Document can be made available
27	27	in alternative formats upon request
28	28	HOUSE OF REPRESENTATIVES
29	29	H. F. No. 2335
30	30	NINETY-FOURTH SESSION
31	31	Authored by Elkins and Davids03/13/2025
32	32	The bill was read for the first time and referred to the Committee on Commerce Finance and Policy 2.1holder notifies the issuer of the policy or certificate within 90 days after the date the
33	33	2.2individual becomes entitled to this assistance.
34	34	2.3 (b) If suspension occurs and if the policyholder or certificate holder loses entitlement
35	35	2.4to this medical assistance, the policy or certificate shall be automatically reinstated, effective
36	36	2.5as of the date of termination of this entitlement, if the policyholder or certificate holder
37	37	2.6provides notice of loss of the entitlement within 90 days after the date of the loss and pays
38	38	2.7the premium attributable to the period, effective as of the date of termination of entitlement.
39	39	2.8 (c) The policy must provide that upon reinstatement (1) there is no additional waiting
40	40	2.9period with respect to treatment of preexisting conditions, (2) coverage is provided which
41	41	2.10is substantially equivalent to coverage in effect before the date of the suspension. If the
42	42	2.11suspended policy provided coverage for outpatient prescription drugs, reinstitution of the
43	43	2.12policy for Medicare Part D enrollees must be without coverage for outpatient prescription
44	44	2.13drugs and must otherwise provide coverage substantially equivalent to the coverage in effect
45	45	2.14before the date of suspension, and (3) premiums are classified on terms that are at least as
46	46	2.15favorable to the policyholder or certificate holder as the premium classification terms that
47	47	2.16would have applied to the policyholder or certificate holder had coverage not been suspended.
48	48	2.17 Sec. 3. Minnesota Statutes 2024, section 62A.31, subdivision 1h, is amended to read:
49	49	2.18 Subd. 1h.Limitations on denials, conditions, and pricing of coverage.No health
50	50	2.19carrier issuing Medicare-related coverage in this state may impose preexisting condition
51	51	2.20limitations or otherwise deny or condition the issuance or effectiveness of any such coverage
52	52	2.21available for sale in this state, nor may it discriminate in the pricing of such coverage,
53	53	2.22because of the health status, claims experience, receipt of health care, medical condition,
54	54	2.23or age of an applicant where an application for such coverage is submitted: (1) prior to or
55	55	2.24during the six-month period beginning with the first day of the month in which an individual
56	56	2.25first enrolled for benefits under Medicare Part B; or (2) during the open enrollment period.
57	57	2.26This subdivision applies to each Medicare-related coverage offered by a health carrier
58	58	2.27regardless of whether the individual has attained the age of 65 years. If an individual who
59	59	2.28is enrolled in Medicare Part B due to disability status is involuntarily disenrolled due to loss
60	60	2.29of disability status, the individual is eligible for another six-month enrollment period provided
61	61	2.30under this subdivision beginning the first day of the month in which the individual later
62	62	2.31becomes eligible for and enrolls again in Medicare Part B and during the open enrollment
63	63	2.32period. An individual who is or was previously enrolled in Medicare Part B due to disability
64	64	2.33status is eligible for another six-month enrollment period under this subdivision beginning
65	65	2.34the first day of the month in which the individual has attained the age of 65 years and either
66	66	2Sec. 3.
67	67	REVISOR RSI/ES 25-0379703/07/25 3.1maintains enrollment in, or enrolls again in, Medicare Part B and during the open enrollment
68	68	3.2period. If an individual enrolled in Medicare Part B voluntarily disenrolls from Medicare
69	69	3.3Part B because the individual becomes enrolled under an employee welfare benefit plan,
70	70	3.4the individual is eligible for another six-month enrollment period, as provided in this
71	71	3.5subdivision, beginning the first day of the month in which the individual later becomes
72	72	3.6eligible for and enrolls again in Medicare Part B and during the open enrollment period.
73	73	3.7 Sec. 4. Minnesota Statutes 2024, section 62A.31, subdivision 1p, is amended to read:
74	74	3.8 Subd. 1p.Renewal or continuation provisions.Medicare supplement policies and
75	75	3.9certificates shall include a renewal or continuation provision. The language or specifications
76	76	3.10of the provision shall be consistent with the type of contract issued. The provision shall be
77	77	3.11appropriately captioned and shall appear on the first page of the policy or certificate, and
78	78	3.12shall include any reservation by the issuer of the right to change premiums. Except for riders
79	79	3.13or endorsements by which the issuer effectuates a request made in writing by the insured,
80	80	3.14exercises a specifically reserved right under a Medicare supplement policy or certificate,
81	81	3.15or is required to reduce or eliminate benefits to avoid duplication of Medicare benefits, all
82	82	3.16riders or endorsements added to a Medicare supplement policy or certificate after the date
83	83	3.17of issue or at reinstatement or renewal that reduce or eliminate benefits or coverage in the
84	84	3.18policy or certificate shall require a signed acceptance by the insured. After the date of policy
85	85	3.19or certificate issue, a rider or endorsement that increases benefits or coverage with a
86	86	3.20concomitant increase in premium during the policy or certificate term shall be agreed to in
87	87	3.21writing and signed by the insured, unless the benefits are required by the minimum standards
88	88	3.22for Medicare supplement policies or if the increased benefits or coverage is required by
89	89	3.23law. Where a separate additional premium is charged for benefits provided in connection
90	90	3.24with riders or endorsements, the premium charge shall be set forth in the policy, declaration
91	91	3.25page, or certificate. If a Medicare supplement policy or certificate contains limitations with
92	92	3.26respect to preexisting conditions, the limitations shall appear as a separate paragraph of the
93	93	3.27policy or certificate and be labeled as "preexisting condition limitations."
94	94	3.28 Issuers of accident and sickness policies or certificates that provide hospital or medical
95	95	3.29expense coverage on an expense incurred or indemnity basis to persons eligible for Medicare
96	96	3.30shall provide to those applicants a "Guide to Health Insurance for People with Medicare"
97	97	3.31in the form developed by the Centers for Medicare and Medicaid Services and in a type
98	98	3.32size no smaller than 12-point type. Delivery of the guide must be made whether or not such
99	99	3.33policies or certificates are advertised, solicited, or issued as Medicare supplement policies
100	100	3.34or certificates as defined in this section and section 62A.3099. Except in the case of direct
101	101	3.35response issuers, delivery of the guide must be made to the applicant at the time of
102	102	3Sec. 4.
103	103	REVISOR RSI/ES 25-0379703/07/25 4.1application, and acknowledgment of receipt of the guide must be obtained by the issuer.
104	104	4.2Direct response issuers shall deliver the guide to the applicant upon request, but no later
105	105	4.3than the time at which the policy is delivered.
106	106	4.4 Sec. 5. Minnesota Statutes 2024, section 62A.31, subdivision 1u, is amended to read:
107	107	4.5 Subd. 1u.Guaranteed issue for eligible persons.(a)(1) Eligible persons are those
108	108	4.6individuals described in paragraph (b) who seek to enroll under the policy during the period
109	109	4.7specified in paragraph (c) and who submit evidence of the date of termination or
110	110	4.8disenrollment described in paragraph (b), or of the date of Medicare Part D enrollment, with
111	111	4.9the application for a Medicare supplement policy.
112	112	4.10 (2) With respect to eligible persons, an issuer shall not: deny or condition the issuance
113	113	4.11or effectiveness of a Medicare supplement policy described in paragraph (c) that is offered
114	114	4.12and is available for issuance to new enrollees by the issuer; discriminate in the pricing of
115	115	4.13such a Medicare supplement policy because of health status, claims experience, receipt of
116	116	4.14health care, medical condition, or age; or impose an exclusion of benefits based upon a
117	117	4.15preexisting condition under such a Medicare supplement policy.
118	118	4.16 (b) An eligible person is an individual described in any of the following:
119	119	4.17 (1) the individual is enrolled under an employee welfare benefit plan that provides health
120	120	4.18benefits that supplement the benefits under Medicare; and the plan terminates, or the plan
121	121	4.19ceases to provide all such supplemental health benefits to the individual;
122	122	4.20 (2) the individual is enrolled with a Medicare Advantage organization under a Medicare
123	123	4.21Advantage plan under Medicare Part C, and any of the following circumstances apply, or
124	124	4.22the individual is 65 years of age or older and is enrolled with a Program of All-Inclusive
125	125	4.23Care for the Elderly (PACE) provider under section 1894 of the federal Social Security Act,
126	126	4.24and there are circumstances similar to those described in this clause that would permit
127	127	4.25discontinuance of the individual's enrollment with the provider if the individual were enrolled
128	128	4.26in a Medicare Advantage plan:
129	129	4.27 (i) the organization's or plan's certification under Medicare Part C has been terminated
130	130	4.28or the organization has terminated or otherwise discontinued providing the plan in the area
131	131	4.29in which the individual resides;
132	132	4.30 (ii) the individual is no longer eligible to elect the plan because of a change in the
133	133	4.31individual's place of residence or other change in circumstances specified by the secretary,
134	134	4.32but not including termination of the individual's enrollment on the basis described in section
135	135	4.331851(g)(3)(B) of the federal Social Security Act, United States Code, title 42, section
136	136	4Sec. 5.
137	137	REVISOR RSI/ES 25-0379703/07/25 5.11395w-21(g)(3)(b) (where the individual has not paid premiums on a timely basis or has
138	138	5.2engaged in disruptive behavior as specified in standards under section 1856 of the federal
139	139	5.3Social Security Act, United States Code, title 42, section 1395w-26), or the plan is terminated
140	140	5.4for all individuals within a residence area;
141	141	5.5 (iii) the individual demonstrates, in accordance with guidelines established by the
142	142	5.6Secretary, that:
143	143	5.7 (A) the organization offering the plan substantially violated a material provision of the
144	144	5.8organization's contract in relation to the individual, including the failure to provide an
145	145	5.9enrollee on a timely basis medically necessary care for which benefits are available under
146	146	5.10the plan or the failure to provide such covered care in accordance with applicable quality
147	147	5.11standards; or
148	148	5.12 (B) the organization, or agent or other entity acting on the organization's behalf, materially
149	149	5.13misrepresented the plan's provisions in marketing the plan to the individual; or
150	150	5.14 (iv) the individual meets such other exceptional conditions as the secretary may provide;
151	151	5.15 (3)(i) the individual is enrolled with:
152	152	5.16 (A) an eligible organization under a contract under section 1876 of the federal Social
153	153	5.17Security Act, United States Code, title 42, section 1395mm (Medicare cost);
154	154	5.18 (B) a similar organization operating under demonstration project authority, effective for
155	155	5.19periods before April 1, 1999;
156	156	5.20 (C) an organization under an agreement under section 1833(a)(1)(A) of the federal Social
157	157	5.21Security Act, United States Code, title 42, section 1395l(a)(1)(A) (health care prepayment
158	158	5.22plan); or
159	159	5.23 (D) an organization under a Medicare Select policy under section 62A.318 or the similar
160	160	5.24law of another state; and
161	161	5.25 (ii) the enrollment ceases under the same circumstances that would permit discontinuance
162	162	5.26of an individual's election of coverage under clause (2);
163	163	5.27 (4) the individual is enrolled under a Medicare supplement policy, and the enrollment
164	164	5.28ceases because:
165	165	5.29 (i)(A) of the insolvency of the issuer or bankruptcy of the nonissuer organization; or
166	166	5.30 (B) of other involuntary termination of coverage or enrollment under the policy;
167	167	5.31 (ii) the issuer of the policy substantially violated a material provision of the policy; or
168	168	5Sec. 5.
169	169	REVISOR RSI/ES 25-0379703/07/25 6.1 (iii) the issuer, or an agent or other entity acting on the issuer's behalf, materially
170	170	6.2misrepresented the policy's provisions in marketing the policy to the individual;
171	171	6.3 (5)(i) the individual was enrolled under a Medicare supplement policy and terminates
172	172	6.4that enrollment and subsequently enrolls, for the first time, with any Medicare Advantage
173	173	6.5organization under a Medicare Advantage plan under Medicare Part C; any eligible
174	174	6.6organization under a contract under section 1876 of the federal Social Security Act, United
175	175	6.7States Code, title 42, section 1395mm (Medicare cost); any similar organization operating
176	176	6.8under demonstration project authority; any PACE provider under section 1894 of the federal
177	177	6.9Social Security Act, or a Medicare Select policy under section 62A.318 or the similar law
178	178	6.10of another state; and
179	179	6.11 (ii) the subsequent enrollment under item (i) is terminated by the enrollee during any
180	180	6.12period within the first 12 months of the subsequent enrollment during which the enrollee
181	181	6.13is permitted to terminate the subsequent enrollment under section 1851(e) of the federal
182	182	6.14Social Security Act;
183	183	6.15 (6) the individual, upon first enrolling for benefits under Medicare Part B, enrolls in a
184	184	6.16Medicare Advantage plan under Medicare Part C, or with a PACE provider under section
185	185	6.171894 of the federal Social Security Act, and disenrolls from the plan by not later than 12
186	186	6.18months after the effective date of enrollment;
187	187	6.19 (7) the individual enrolls in a Medicare Part D plan during the initial Part D enrollment
188	188	6.20period, as defined under United States Code, title 42, section 1395ss(v)(6)(D), and, at the
189	189	6.21time of enrollment in Part D, was enrolled under a Medicare supplement policy that covers
190	190	6.22outpatient prescription drugs and the individual terminates enrollment in the Medicare
191	191	6.23supplement policy and submits evidence of enrollment in Medicare Part D along with the
192	192	6.24application for a policy described in paragraph (e), clause (4); or
193	193	6.25 (8) the individual was enrolled in a state public program and is losing coverage due to
194	194	6.26the unwinding of the Medicaid continuous enrollment conditions, as provided by Code of
195	195	6.27Federal Regulations, title 45, section 155.420 (d)(9) and (d)(1), and Public Law 117-328,
196	196	6.28section 5131 (2022).
197	197	6.29 (c)(1) In the case of an individual described in paragraph (b), clause (1), the guaranteed
198	198	6.30issue period begins on the later of: (i) the date the individual receives a notice of termination
199	199	6.31or cessation of all supplemental health benefits or, if a notice is not received, notice that a
200	200	6.32claim has been denied because of a termination or cessation; or (ii) the date that the applicable
201	201	6.33coverage terminates or ceases; and ends 63 days after the later of those two dates.
202	202	6Sec. 5.
203	203	REVISOR RSI/ES 25-0379703/07/25 7.1 (2) In the case of an individual described in paragraph (b), clause (2), (3), (5), or (6),
204	204	7.2whose enrollment is terminated involuntarily, the guaranteed issue period begins on the
205	205	7.3date that the individual receives a notice of termination and ends 63 days after the date the
206	206	7.4applicable coverage is terminated.
207	207	7.5 (3) In the case of an individual described in paragraph (b), clause (4), item (i), the
208	208	7.6guaranteed issue period begins on the earlier of: (i) the date that the individual receives a
209	209	7.7notice of termination, a notice of the issuer's bankruptcy or insolvency, or other such similar
210	210	7.8notice if any; and (ii) the date that the applicable coverage is terminated, and ends on the
211	211	7.9date that is 63 days after the date the coverage is terminated.
212	212	7.10 (4) In the case of an individual described in paragraph (b), clause (2), (4), (5), or (6),
213	213	7.11who disenrolls voluntarily, the guaranteed issue period begins on the date that is 60 days
214	214	7.12before the effective date of the disenrollment and ends on the date that is 63 days after the
215	215	7.13effective date.
216	216	7.14 (5) In the case of an individual described in paragraph (b), clause (7), the guaranteed
217	217	7.15issue period begins on the date the individual receives notice pursuant to section
218	218	7.161882(v)(2)(B) of the Social Security Act from the Medicare supplement issuer during the
219	219	7.1760-day period immediately preceding the initial Part D enrollment period and ends on the
220	220	7.18date that is 63 days after the effective date of the individual's coverage under Medicare Part
221	221	7.19D.
222	222	7.20 (6) In the case of an individual described in paragraph (b) but not described in this
223	223	7.21paragraph, the guaranteed issue period begins on the effective date of disenrollment and
224	224	7.22ends on the date that is 63 days after the effective date.
225	225	7.23 (7) For all individuals described in paragraph (b), the open enrollment period is a
226	226	7.24guaranteed issue period.
227	227	7.25 (d)(1) In the case of an individual described in paragraph (b), clause (5), or deemed to
228	228	7.26be so described, pursuant to this paragraph, whose enrollment with an organization or
229	229	7.27provider described in paragraph (b), clause (5), item (i), is involuntarily terminated within
230	230	7.28the first 12 months of enrollment, and who, without an intervening enrollment, enrolls with
231	231	7.29another such organization or provider, the subsequent enrollment is deemed to be an initial
232	232	7.30enrollment described in paragraph (b), clause (5).
233	233	7.31 (2) In the case of an individual described in paragraph (b), clause (6), or deemed to be
234	234	7.32so described, pursuant to this paragraph, whose enrollment with a plan or in a program
235	235	7.33described in paragraph (b), clause (6), is involuntarily terminated within the first 12 months
236	236	7.34of enrollment, and who, without an intervening enrollment, enrolls in another such plan or
237	237	7Sec. 5.
238	238	REVISOR RSI/ES 25-0379703/07/25 8.1program, the subsequent enrollment is deemed to be an initial enrollment described in
239	239	8.2paragraph (b), clause (6).
240	240	8.3 (3) For purposes of paragraph (b), clauses (5) and (6), no enrollment of an individual
241	241	8.4with an organization or provider described in paragraph (b), clause (5), item (i), or with a
242	242	8.5plan or in a program described in paragraph (b), clause (6), may be deemed to be an initial
243	243	8.6enrollment under this paragraph after the two-year period beginning on the date on which
244	244	8.7the individual first enrolled with the organization, provider, plan, or program.
245	245	8.8 (e) The Medicare supplement policy to which eligible persons are entitled under:
246	246	8.9 (1) paragraph (b), clauses (1) to (4), is any Medicare supplement policy that has a benefit
247	247	8.10package consisting of the basic Medicare supplement plan described in section 62A.316,
248	248	8.11paragraph (a), plus any combination of the three optional riders described in section 62A.316,
249	249	8.12paragraph (b), clauses (1) to (3), offered by any issuer;
250	250	8.13 (2) paragraph (b), clause (5), is the same Medicare supplement policy in which the
251	251	8.14individual was most recently previously enrolled, if available from the same issuer, or, if
252	252	8.15not so available, any policy described in clause (1) offered by any issuer, except that after
253	253	8.16December 31, 2005, if the individual was most recently enrolled in a Medicare supplement
254	254	8.17policy with an outpatient prescription drug benefit, a Medicare supplement policy to which
255	255	8.18the individual is entitled under paragraph (b), clause (5), is:
256	256	8.19 (i) the policy available from the same issuer but modified to remove outpatient
257	257	8.20prescription drug coverage; or
258	258	8.21 (ii) at the election of the policyholder, a policy described in clause (4), except that the
259	259	8.22policy may be one that is offered and available for issuance to new enrollees that is offered
260	260	8.23by any issuer;
261	261	8.24 (3) paragraph (b), clause (6), is any Medicare supplement policy offered by any issuer;
262	262	8.25 (4) paragraph (b), clause (7), is a Medicare supplement policy that has a benefit package
263	263	8.26classified as a basic plan under section 62A.316 if the enrollee's existing Medicare
264	264	8.27supplement policy is a basic plan or, if the enrollee's existing Medicare supplement policy
265	265	8.28is an extended basic plan under section 62A.315, a basic or extended basic plan at the option
266	266	8.29of the enrollee, provided that the policy is offered and is available for issuance to new
267	267	8.30enrollees by the same issuer that issued the individual's Medicare supplement policy with
268	268	8.31outpatient prescription drug coverage. The issuer must permit the enrollee to retain all
269	269	8.32optional benefits contained in the enrollee's existing coverage, other than outpatient
270	270	8Sec. 5.
271	271	REVISOR RSI/ES 25-0379703/07/25 9.1prescription drugs, subject to the provision that the coverage be offered and available for
272	272	9.2issuance to new enrollees by the same issuer.
273	273	9.3 (f)(1) At the time of an event described in paragraph (b), because of which an individual
274	274	9.4loses coverage or benefits due to the termination of a contract or agreement, policy, or plan,
275	275	9.5the organization that terminates the contract or agreement, the issuer terminating the policy,
276	276	9.6or the administrator of the plan being terminated, respectively, shall notify the individual
277	277	9.7of the individual's rights under this subdivision, and of the obligations of issuers of Medicare
278	278	9.8supplement policies under paragraph (a). The notice must be communicated
279	279	9.9contemporaneously with the notification of termination.
280	280	9.10 (2) At the time of an event described in paragraph (b), because of which an individual
281	281	9.11ceases enrollment under a contract or agreement, policy, or plan, the organization that offers
282	282	9.12the contract or agreement, regardless of the basis for the cessation of enrollment, the issuer
283	283	9.13offering the policy, or the administrator of the plan, respectively, shall notify the individual
284	284	9.14of the individual's rights under this subdivision, and of the obligations of issuers of Medicare
285	285	9.15supplement policies under paragraph (a). The notice must be communicated within ten
286	286	9.16working days of the issuer receiving notification of disenrollment.
287	287	9.17 (g) Reference in this subdivision to a situation in which, or to a basis upon which, an
288	288	9.18individual's coverage has been terminated does not provide authority under the laws of this
289	289	9.19state for the termination in that situation or upon that basis.
290	290	9.20 (h) An individual's rights under this subdivision are in addition to, and do not modify
291	291	9.21or limit, the individual's rights under subdivision 1h.
292	292	9.22 Sec. 6. Minnesota Statutes 2024, section 62A.31, subdivision 4, is amended to read:
293	293	9.23 Subd. 4.Prohibited policy provisions.(a) A Medicare supplement policy or certificate
294	294	9.24in force in the state shall not contain benefits that duplicate benefits provided by Medicare
295	295	9.25or contain exclusions on coverage that are more restrictive than those of Medicare.
296	296	9.26Duplication of benefits is permitted to the extent permitted under subdivision 1s, paragraph
297	297	9.27(a), for benefits provided by Medicare Part D.
298	298	9.28 (b) No Medicare supplement policy or certificate may use waivers to exclude, limit, or
299	299	9.29reduce coverage or benefits for specifically named or described preexisting diseases or
300	300	9.30physical conditions, except as permitted under subdivision 1b.
301	301	9Sec. 6.
302	302	REVISOR RSI/ES 25-0379703/07/25 10.1 Sec. 7. Minnesota Statutes 2024, section 62A.44, subdivision 2, is amended to read:
303	303	10.2 Subd. 2.Questions.(a) Application forms shall include the following questions designed
304	304	10.3to elicit information as to whether, as of the date of the application, the applicant has another
305	305	10.4Medicare supplement or other health insurance policy or certificate in force or whether a
306	306	10.5Medicare supplement policy or certificate is intended to replace any other accident and
307	307	10.6sickness policy or certificate presently in force. A supplementary application or other form
308	308	10.7to be signed by the applicant and agent containing the questions and statements may be
309	309	10.8used.
310	310	10.9 "(1) You do not need more than one Medicare supplement policy or certificate.
311	311	10.10 (2) If you purchase this policy, you may want to evaluate your existing health coverage
312	312	10.11 and decide if you need multiple coverages.
313	313	10.12 (3) You may be eligible for benefits under Medicaid and may not need a Medicare
314	314	10.13 supplement policy or certificate.
315	315	10.14 (4) The benefits and premiums under your Medicare supplement policy or certificate
316	316	10.15 can be suspended, if requested, during your entitlement to benefits under Medicaid for
317	317	10.16 24 months. You must request this suspension within 90 days of becoming eligible for
318	318	10.17 Medicaid. If you are no longer entitled to Medicaid, your policy or certificate will be
319	319	10.18 reinstated if requested within 90 days of losing Medicaid eligibility.
320	320	10.19 (5) Counseling services may be available in Minnesota to provide advice concerning
321	321	10.20 medical assistance through state Medicaid, Qualified Medicare Beneficiaries (QMBs),
322	322	10.21 and Specified Low-Income Medicare Beneficiaries (SLMBs).
323	323	10.22 To the best of your knowledge:
324	324	10.23 (1) Do you have another Medicare supplement policy or certificate in force?
325	325	10.24 (a) If so, with which company?
326	326	10.25 (b) If so, do you intend to replace your current Medicare supplement policy with this
327	327	10.26policy or certificate?
328	328	10.27 (2) Do you have any other health insurance policies that provide benefits which this
329	329	10.28 Medicare supplement policy or certificate would duplicate?
330	330	10.29 (a) If so, please name the company.
331	331	10.30 (b) What kind of policy?
332	332	10Sec. 7.
333	333	REVISOR RSI/ES 25-0379703/07/25 11.1 (3) Are you covered for medical assistance through the state Medicaid program? If so,
334	334	11.2 which of the following programs provides coverage for you?
335	335	11.3 (a) Specified Low-Income Medicare Beneficiary (SLMB),
336	336	11.4 (b) Qualified Medicare Beneficiary (QMB), or
337	337	11.5 (c) full Medicaid Beneficiary?"
338	338	11.6 (b) Agents shall list any other health insurance policies they have sold to the applicant.
339	339	11.7 (1) List policies sold that are still in force.
340	340	11.8 (2) List policies sold in the past five years that are no longer in force.
341	341	11.9 (c) In the case of a direct response issuer, a copy of the application or supplemental
342	342	11.10form, signed by the applicant, and acknowledged by the insurer, shall be returned to the
343	343	11.11applicant by the insurer on delivery of the policy or certificate.
344	344	11.12 (d) Upon determining that a sale will involve replacement of Medicare supplement
345	345	11.13coverage, any issuer, other than a direct response issuer, or its agent, shall furnish the
346	346	11.14applicant, before issuance or delivery of the Medicare supplement policy or certificate, a
347	347	11.15notice regarding replacement of Medicare supplement coverage. One copy of the notice
348	348	11.16signed by the applicant and the agent, except where the coverage is sold without an agent,
349	349	11.17shall be provided to the applicant and an additional signed copy shall be retained by the
350	350	11.18issuer. A direct response issuer shall deliver to the applicant at the time of the issuance of
351	351	11.19the policy or certificate the notice regarding replacement of Medicare supplement coverage.
352	352	11.20 (e) The notice required by paragraph (d) for an issuer shall be provided in substantially
353	353	11.21the following form in no less than 12-point type:
354	354	11.22 "NOTICE TO APPLICANT REGARDING REPLACEMENT
355	355	11.23 OF MEDICARE SUPPLEMENT INSURANCE
356	356	11.24 (Insurance company's name and address)
357	357	11.25 SAVE THIS NOTICE! IT MAY BE IMPORTANT TO YOU IN THE FUTURE.
358	358	11.26 According to (your application) (information you have furnished), you intend to terminate
359	359	11.27existing Medicare supplement insurance and replace it with a policy or certificate to be
360	360	11.28issued by (Company Name) Insurance Company. Your new policy or certificate will provide
361	361	11.2930 days within which you may decide without cost whether you desire to keep the policy
362	362	11.30or certificate.
363	363	11Sec. 7.
364	364	REVISOR RSI/ES 25-0379703/07/25 12.1 You should review this new coverage carefully. Compare it with all accident and sickness
365	365	12.2coverage you now have. If, after due consideration, you find that purchase of this Medicare
366	366	12.3supplement coverage is a wise decision you should terminate your present Medicare
367	367	12.4supplement policy. You should evaluate the need for other accident and sickness coverage
368	368	12.5you have that may duplicate this policy.
369	369	12.6 STATEMENT TO APPLICANT BY ISSUER, AGENT, (BROKER OR OTHER
370	370	12.7 REPRESENTATIVE): I have reviewed your current medical or health insurance
371	371	12.8 coverage. To the best of my knowledge this Medicare supplement policy will not duplicate
372	372	12.9 your existing Medicare supplement policy because you intend to terminate the existing
373	373	12.10 Medicare supplement policy. The replacement policy or certificate is being purchased
374	374	12.11 for the following reason(s) (check one):
375	375	Additional benefits12.12 ................
376	376	No change in benefits, but lower premiums12.13 ................
377	377	Fewer benefits and lower premiums12.14 ................
378	378	Other (please specify)12.15 ................
379	379	12.16 ......................................................................................................................................
380	380	12.17 ......................................................................................................................................
381	381	12.18 ......................................................................................................................................
382	382	12.19 (1) Health conditions which you may presently have (preexisting conditions) may not
383	383	12.20 be immediately or fully covered under the new policy or certificate. This could result
384	384	12.21 in denial or delay of a claim for benefits under the new policy or certificate, whereas a
385	385	12.22 similar claim might have been payable under your present policy or certificate.
386	386	12.23 (2) State law provides that your replacement policy or certificate may not contain new
387	387	12.24 preexisting conditions, waiting periods, elimination periods, or probationary periods.
388	388	12.25 The insurer will waive any time periods applicable to preexisting conditions, waiting
389	389	12.26 periods, elimination periods, or probationary periods in the new policy (or coverage)
390	390	12.27 for similar benefits to the extent the time was spent (depleted) under the original policy
391	391	12.28 or certificate.
392	392	12.29 (3) If you still wish to terminate your present policy or certificate and replace it with
393	393	12.30 new coverage, be certain to truthfully and completely answer all questions on the
394	394	12.31 application concerning your medical and health history. Failure to include all material
395	395	12.32 medical information on an application may provide a basis for the company to deny any
396	396	12.33 future claims and to refund your premium as though your policy or certificate had never
397	397	12.34 been in force. After the application has been completed and before you sign it, review
398	398	12Sec. 7.
399	399	REVISOR RSI/ES 25-0379703/07/25 13.1 it carefully to be certain that all information has been properly recorded. (If the policy
400	400	13.2 or certificate is guaranteed issue, this paragraph need not appear.)
401	401	13.3 Do not cancel your present policy or certificate until you have received your new policy
402	402	13.4 or certificate and you are sure that you want to keep it.
403	403	13.5 .........................................................................................
404	404	13.6 (Signature of Agent, Broker, or Other Representative)*
405	405	13.7 .........................................................................................
406	406	13.8 (Typed Name and Address of Issuer, Agent, or Broker)
407	407	13.9 .........................................................................................
408	408	13.10 (Date)
409	409	13.11 .........................................................................................
410	410	13.12 (Applicant's Signature)
411	411	13.13 .........................................................................................
412	412	13.14 (Date)
413	413	13.15 *Signature not required for direct response sales."
414	414	13.16 (f) Paragraph (e), clauses (1) and (2), of the replacement notice (applicable to preexisting
415	415	13.17conditions) may be deleted by an issuer if the replacement does not involve application of
416	416	13.18a new preexisting condition limitation.
417	417	13.19Sec. 8. REPEALER.
418	418	13.20 (a) Minnesota Statutes 2024, sections 62A.3099, subdivision 18b; and 62A.31, subdivision
419	419	13.211w, are repealed.
420	420	13.22 (b) Laws 2023, chapter 57, article 2, section 66, is repealed.
421	421	13.23Sec. 9. EFFECTIVE DATE.
422	422	13.24 This act is effective the day following final enactment.
423	423	13Sec. 9.
424	424	REVISOR RSI/ES 25-0379703/07/25 62A.3099 DEFINITIONS.
425	425	Subd. 18b.Open enrollment period."Open enrollment period" means the time period described
426	426	in Code of Federal Regulations, title 42, section 422.62, paragraph (a), clauses (2) to (4), as amended.
427	427	62A.31 MEDICARE SUPPLEMENT BENEFITS; MINIMUM STANDARDS.
428	428	Subd. 1w.Open enrollment.A medicare supplement policy or certificate must not be sold or
429	429	issued to an eligible individual outside of the time periods described in subdivision 1u.
430	430	1R
431	431	APPENDIX
432	432	Repealed Minnesota Statutes: 25-03797 Laws 2023, chapter 57, article 2, section 66
433	433	Sec. 66. REPEALER.
434	434	Minnesota Statutes 2022, section 62A.31, subdivisions 1b and 1i, are repealed.
435	435	EFFECTIVE DATE.This section is effective August 1, 2025, and applies to policies offered,
436	436	issued, or renewed on or after that date.
437	437	2R
438	438	APPENDIX
439	439	Repealed Minnesota Session Laws: 25-03797