1.1 A bill for an act
1.2 relating to health insurance; modifying preexisting condition limitations in Medicare
1.3 supplement insurance policies; amending Minnesota Statutes 2024, sections 62A.31,
1.4 subdivisions 1, 1f, 1h, 1p, 1u, 4; 62A.44, subdivision 2; repealing Minnesota
1.5 Statutes 2024, sections 62A.3099, subdivision 18b; 62A.31, subdivision 1w; Laws
1.6 2023, chapter 57, article 2, section 66.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2024, section 62A.31, subdivision 1, is amended to read:
1.9 Subdivision 1.Policy requirements.No individual or group policy, certificate, subscriber
1.10contract issued by a health service plan corporation regulated under chapter 62C, or other
1.11evidence of accident and health insurance the effect or purpose of which is to supplement
1.12Medicare coverage, including to supplement coverage under Medicare Advantage plans
1.13established under Medicare Part C, issued or delivered in this state or offered to a resident
1.14of this state shall be sold or issued to an individual covered by Medicare unless the
1.15requirements in subdivisions 1a to 1w 1v are met.
1.16 Sec. 2. Minnesota Statutes 2024, section 62A.31, subdivision 1f, is amended to read:
1.17 Subd. 1f.Suspension based on entitlement to medical assistance.(a) The policy or
1.18certificate must provide that benefits and premiums under the policy or certificate shall be
1.19suspended for any period that may be provided by federal regulation at the request of the
1.20policyholder or certificate holder for the period, not to exceed 24 months, in which the
1.21policyholder or certificate holder has applied for and is determined to be entitled to medical
1.22assistance under title XIX of the Social Security Act, but only if the policyholder or certificate
1Sec. 2.
REVISOR RSI/ES 25-0379703/07/25
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 2335
NINETY-FOURTH SESSION
Authored by Elkins and Davids03/13/2025
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
2.2individual becomes entitled to this assistance.
2.3 (b) If suspension occurs and if the policyholder or certificate holder loses entitlement
2.4to this medical assistance, the policy or certificate shall be automatically reinstated, effective
2.5as of the date of termination of this entitlement, if the policyholder or certificate holder
2.6provides notice of loss of the entitlement within 90 days after the date of the loss and pays
2.7the premium attributable to the period, effective as of the date of termination of entitlement.
2.8 (c) The policy must provide that upon reinstatement (1) there is no additional waiting
2.9period with respect to treatment of preexisting conditions, (2) coverage is provided which
2.10is substantially equivalent to coverage in effect before the date of the suspension. If the
2.11suspended policy provided coverage for outpatient prescription drugs, reinstitution of the
2.12policy for Medicare Part D enrollees must be without coverage for outpatient prescription
2.13drugs and must otherwise provide coverage substantially equivalent to the coverage in effect
2.14before the date of suspension, and (3) premiums are classified on terms that are at least as
2.15favorable to the policyholder or certificate holder as the premium classification terms that
2.16would have applied to the policyholder or certificate holder had coverage not been suspended.
2.17 Sec. 3. Minnesota Statutes 2024, section 62A.31, subdivision 1h, is amended to read:
2.18 Subd. 1h.Limitations on denials, conditions, and pricing of coverage.No health
2.19carrier issuing Medicare-related coverage in this state may impose preexisting condition
2.20limitations or otherwise deny or condition the issuance or effectiveness of any such coverage
2.21available for sale in this state, nor may it discriminate in the pricing of such coverage,
2.22because of the health status, claims experience, receipt of health care, medical condition,
2.23or age of an applicant where an application for such coverage is submitted: (1) prior to or
2.24during the six-month period beginning with the first day of the month in which an individual
2.25first enrolled for benefits under Medicare Part B; or (2) during the open enrollment period.
2.26This subdivision applies to each Medicare-related coverage offered by a health carrier
2.27regardless of whether the individual has attained the age of 65 years. If an individual who
2.28is enrolled in Medicare Part B due to disability status is involuntarily disenrolled due to loss
2.29of disability status, the individual is eligible for another six-month enrollment period provided
2.30under this subdivision beginning the first day of the month in which the individual later
2.31becomes eligible for and enrolls again in Medicare Part B and during the open enrollment
2.32period. An individual who is or was previously enrolled in Medicare Part B due to disability
2.33status is eligible for another six-month enrollment period under this subdivision beginning
2.34the first day of the month in which the individual has attained the age of 65 years and either
2Sec. 3.
REVISOR RSI/ES 25-0379703/07/25 3.1maintains enrollment in, or enrolls again in, Medicare Part B and during the open enrollment
3.2period. If an individual enrolled in Medicare Part B voluntarily disenrolls from Medicare
3.3Part B because the individual becomes enrolled under an employee welfare benefit plan,
3.4the individual is eligible for another six-month enrollment period, as provided in this
3.5subdivision, beginning the first day of the month in which the individual later becomes
3.6eligible for and enrolls again in Medicare Part B and during the open enrollment period.
3.7 Sec. 4. Minnesota Statutes 2024, section 62A.31, subdivision 1p, is amended to read:
3.8 Subd. 1p.Renewal or continuation provisions.Medicare supplement policies and
3.9certificates shall include a renewal or continuation provision. The language or specifications
3.10of the provision shall be consistent with the type of contract issued. The provision shall be
3.11appropriately captioned and shall appear on the first page of the policy or certificate, and
3.12shall include any reservation by the issuer of the right to change premiums. Except for riders
3.13or endorsements by which the issuer effectuates a request made in writing by the insured,
3.14exercises a specifically reserved right under a Medicare supplement policy or certificate,
3.15or is required to reduce or eliminate benefits to avoid duplication of Medicare benefits, all
3.16riders or endorsements added to a Medicare supplement policy or certificate after the date
3.17of issue or at reinstatement or renewal that reduce or eliminate benefits or coverage in the
3.18policy or certificate shall require a signed acceptance by the insured. After the date of policy
3.19or certificate issue, a rider or endorsement that increases benefits or coverage with a
3.20concomitant increase in premium during the policy or certificate term shall be agreed to in
3.21writing and signed by the insured, unless the benefits are required by the minimum standards
3.22for Medicare supplement policies or if the increased benefits or coverage is required by
3.23law. Where a separate additional premium is charged for benefits provided in connection
3.24with riders or endorsements, the premium charge shall be set forth in the policy, declaration
3.25page, or certificate. If a Medicare supplement policy or certificate contains limitations with
3.26respect to preexisting conditions, the limitations shall appear as a separate paragraph of the
3.27policy or certificate and be labeled as "preexisting condition limitations."
3.28 Issuers of accident and sickness policies or certificates that provide hospital or medical
3.29expense coverage on an expense incurred or indemnity basis to persons eligible for Medicare
3.30shall provide to those applicants a "Guide to Health Insurance for People with Medicare"
3.31in the form developed by the Centers for Medicare and Medicaid Services and in a type
3.32size no smaller than 12-point type. Delivery of the guide must be made whether or not such
3.33policies or certificates are advertised, solicited, or issued as Medicare supplement policies
3.34or certificates as defined in this section and section 62A.3099. Except in the case of direct
3.35response issuers, delivery of the guide must be made to the applicant at the time of
3Sec. 4.
REVISOR RSI/ES 25-0379703/07/25 4.1application, and acknowledgment of receipt of the guide must be obtained by the issuer.
4.2Direct response issuers shall deliver the guide to the applicant upon request, but no later
4.3than the time at which the policy is delivered.
4.4 Sec. 5. Minnesota Statutes 2024, section 62A.31, subdivision 1u, is amended to read:
4.5 Subd. 1u.Guaranteed issue for eligible persons.(a)(1) Eligible persons are those
4.6individuals described in paragraph (b) who seek to enroll under the policy during the period
4.7specified in paragraph (c) and who submit evidence of the date of termination or
4.8disenrollment described in paragraph (b), or of the date of Medicare Part D enrollment, with
4.9the application for a Medicare supplement policy.
4.10 (2) With respect to eligible persons, an issuer shall not: deny or condition the issuance
4.11or effectiveness of a Medicare supplement policy described in paragraph (c) that is offered
4.12and is available for issuance to new enrollees by the issuer; discriminate in the pricing of
4.13such a Medicare supplement policy because of health status, claims experience, receipt of
4.14health care, medical condition, or age; or impose an exclusion of benefits based upon a
4.15preexisting condition under such a Medicare supplement policy.
4.16 (b) An eligible person is an individual described in any of the following:
4.17 (1) the individual is enrolled under an employee welfare benefit plan that provides health
4.18benefits that supplement the benefits under Medicare; and the plan terminates, or the plan
4.19ceases to provide all such supplemental health benefits to the individual;
4.20 (2) the individual is enrolled with a Medicare Advantage organization under a Medicare
4.21Advantage plan under Medicare Part C, and any of the following circumstances apply, or
4.22the individual is 65 years of age or older and is enrolled with a Program of All-Inclusive
4.23Care for the Elderly (PACE) provider under section 1894 of the federal Social Security Act,
4.24and there are circumstances similar to those described in this clause that would permit
4.25discontinuance of the individual's enrollment with the provider if the individual were enrolled
4.26in a Medicare Advantage plan:
4.27 (i) the organization's or plan's certification under Medicare Part C has been terminated
4.28or the organization has terminated or otherwise discontinued providing the plan in the area
4.29in which the individual resides;
4.30 (ii) the individual is no longer eligible to elect the plan because of a change in the
4.31individual's place of residence or other change in circumstances specified by the secretary,
4.32but not including termination of the individual's enrollment on the basis described in section
4.331851(g)(3)(B) of the federal Social Security Act, United States Code, title 42, section
4Sec. 5.
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
5.2engaged in disruptive behavior as specified in standards under section 1856 of the federal
5.3Social Security Act, United States Code, title 42, section 1395w-26), or the plan is terminated
5.4for all individuals within a residence area;
5.5 (iii) the individual demonstrates, in accordance with guidelines established by the
5.6Secretary, that:
5.7 (A) the organization offering the plan substantially violated a material provision of the
5.8organization's contract in relation to the individual, including the failure to provide an
5.9enrollee on a timely basis medically necessary care for which benefits are available under
5.10the plan or the failure to provide such covered care in accordance with applicable quality
5.11standards; or
5.12 (B) the organization, or agent or other entity acting on the organization's behalf, materially
5.13misrepresented the plan's provisions in marketing the plan to the individual; or
5.14 (iv) the individual meets such other exceptional conditions as the secretary may provide;
5.15 (3)(i) the individual is enrolled with:
5.16 (A) an eligible organization under a contract under section 1876 of the federal Social
5.17Security Act, United States Code, title 42, section 1395mm (Medicare cost);
5.18 (B) a similar organization operating under demonstration project authority, effective for
5.19periods before April 1, 1999;
5.20 (C) an organization under an agreement under section 1833(a)(1)(A) of the federal Social
5.21Security Act, United States Code, title 42, section 1395l(a)(1)(A) (health care prepayment
5.22plan); or
5.23 (D) an organization under a Medicare Select policy under section 62A.318 or the similar
5.24law of another state; and
5.25 (ii) the enrollment ceases under the same circumstances that would permit discontinuance
5.26of an individual's election of coverage under clause (2);
5.27 (4) the individual is enrolled under a Medicare supplement policy, and the enrollment
5.28ceases because:
5.29 (i)(A) of the insolvency of the issuer or bankruptcy of the nonissuer organization; or
5.30 (B) of other involuntary termination of coverage or enrollment under the policy;
5.31 (ii) the issuer of the policy substantially violated a material provision of the policy; or
5Sec. 5.
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
6.2misrepresented the policy's provisions in marketing the policy to the individual;
6.3 (5)(i) the individual was enrolled under a Medicare supplement policy and terminates
6.4that enrollment and subsequently enrolls, for the first time, with any Medicare Advantage
6.5organization under a Medicare Advantage plan under Medicare Part C; any eligible
6.6organization under a contract under section 1876 of the federal Social Security Act, United
6.7States Code, title 42, section 1395mm (Medicare cost); any similar organization operating
6.8under demonstration project authority; any PACE provider under section 1894 of the federal
6.9Social Security Act, or a Medicare Select policy under section 62A.318 or the similar law
6.10of another state; and
6.11 (ii) the subsequent enrollment under item (i) is terminated by the enrollee during any
6.12period within the first 12 months of the subsequent enrollment during which the enrollee
6.13is permitted to terminate the subsequent enrollment under section 1851(e) of the federal
6.14Social Security Act;
6.15 (6) the individual, upon first enrolling for benefits under Medicare Part B, enrolls in a
6.16Medicare Advantage plan under Medicare Part C, or with a PACE provider under section
6.171894 of the federal Social Security Act, and disenrolls from the plan by not later than 12
6.18months after the effective date of enrollment;
6.19 (7) the individual enrolls in a Medicare Part D plan during the initial Part D enrollment
6.20period, as defined under United States Code, title 42, section 1395ss(v)(6)(D), and, at the
6.21time of enrollment in Part D, was enrolled under a Medicare supplement policy that covers
6.22outpatient prescription drugs and the individual terminates enrollment in the Medicare
6.23supplement policy and submits evidence of enrollment in Medicare Part D along with the
6.24application for a policy described in paragraph (e), clause (4); or
6.25 (8) the individual was enrolled in a state public program and is losing coverage due to
6.26the unwinding of the Medicaid continuous enrollment conditions, as provided by Code of
6.27Federal Regulations, title 45, section 155.420 (d)(9) and (d)(1), and Public Law 117-328,
6.28section 5131 (2022).
6.29 (c)(1) In the case of an individual described in paragraph (b), clause (1), the guaranteed
6.30issue period begins on the later of: (i) the date the individual receives a notice of termination
6.31or cessation of all supplemental health benefits or, if a notice is not received, notice that a
6.32claim has been denied because of a termination or cessation; or (ii) the date that the applicable
6.33coverage terminates or ceases; and ends 63 days after the later of those two dates.
6Sec. 5.
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),
7.2whose enrollment is terminated involuntarily, the guaranteed issue period begins on the
7.3date that the individual receives a notice of termination and ends 63 days after the date the
7.4applicable coverage is terminated.
7.5 (3) In the case of an individual described in paragraph (b), clause (4), item (i), the
7.6guaranteed issue period begins on the earlier of: (i) the date that the individual receives a
7.7notice of termination, a notice of the issuer's bankruptcy or insolvency, or other such similar
7.8notice if any; and (ii) the date that the applicable coverage is terminated, and ends on the
7.9date that is 63 days after the date the coverage is terminated.
7.10 (4) In the case of an individual described in paragraph (b), clause (2), (4), (5), or (6),
7.11who disenrolls voluntarily, the guaranteed issue period begins on the date that is 60 days
7.12before the effective date of the disenrollment and ends on the date that is 63 days after the
7.13effective date.
7.14 (5) In the case of an individual described in paragraph (b), clause (7), the guaranteed
7.15issue period begins on the date the individual receives notice pursuant to section
7.161882(v)(2)(B) of the Social Security Act from the Medicare supplement issuer during the
7.1760-day period immediately preceding the initial Part D enrollment period and ends on the
7.18date that is 63 days after the effective date of the individual's coverage under Medicare Part
7.19D.
7.20 (6) In the case of an individual described in paragraph (b) but not described in this
7.21paragraph, the guaranteed issue period begins on the effective date of disenrollment and
7.22ends on the date that is 63 days after the effective date.
7.23 (7) For all individuals described in paragraph (b), the open enrollment period is a
7.24guaranteed issue period.
7.25 (d)(1) In the case of an individual described in paragraph (b), clause (5), or deemed to
7.26be so described, pursuant to this paragraph, whose enrollment with an organization or
7.27provider described in paragraph (b), clause (5), item (i), is involuntarily terminated within
7.28the first 12 months of enrollment, and who, without an intervening enrollment, enrolls with
7.29another such organization or provider, the subsequent enrollment is deemed to be an initial
7.30enrollment described in paragraph (b), clause (5).
7.31 (2) In the case of an individual described in paragraph (b), clause (6), or deemed to be
7.32so described, pursuant to this paragraph, whose enrollment with a plan or in a program
7.33described in paragraph (b), clause (6), is involuntarily terminated within the first 12 months
7.34of enrollment, and who, without an intervening enrollment, enrolls in another such plan or
7Sec. 5.
REVISOR RSI/ES 25-0379703/07/25 8.1program, the subsequent enrollment is deemed to be an initial enrollment described in
8.2paragraph (b), clause (6).
8.3 (3) For purposes of paragraph (b), clauses (5) and (6), no enrollment of an individual
8.4with an organization or provider described in paragraph (b), clause (5), item (i), or with a
8.5plan or in a program described in paragraph (b), clause (6), may be deemed to be an initial
8.6enrollment under this paragraph after the two-year period beginning on the date on which
8.7the individual first enrolled with the organization, provider, plan, or program.
8.8 (e) The Medicare supplement policy to which eligible persons are entitled under:
8.9 (1) paragraph (b), clauses (1) to (4), is any Medicare supplement policy that has a benefit
8.10package consisting of the basic Medicare supplement plan described in section 62A.316,
8.11paragraph (a), plus any combination of the three optional riders described in section 62A.316,
8.12paragraph (b), clauses (1) to (3), offered by any issuer;
8.13 (2) paragraph (b), clause (5), is the same Medicare supplement policy in which the
8.14individual was most recently previously enrolled, if available from the same issuer, or, if
8.15not so available, any policy described in clause (1) offered by any issuer, except that after
8.16December 31, 2005, if the individual was most recently enrolled in a Medicare supplement
8.17policy with an outpatient prescription drug benefit, a Medicare supplement policy to which
8.18the individual is entitled under paragraph (b), clause (5), is:
8.19 (i) the policy available from the same issuer but modified to remove outpatient
8.20prescription drug coverage; or
8.21 (ii) at the election of the policyholder, a policy described in clause (4), except that the
8.22policy may be one that is offered and available for issuance to new enrollees that is offered
8.23by any issuer;
8.24 (3) paragraph (b), clause (6), is any Medicare supplement policy offered by any issuer;
8.25 (4) paragraph (b), clause (7), is a Medicare supplement policy that has a benefit package
8.26classified as a basic plan under section 62A.316 if the enrollee's existing Medicare
8.27supplement policy is a basic plan or, if the enrollee's existing Medicare supplement policy
8.28is an extended basic plan under section 62A.315, a basic or extended basic plan at the option
8.29of the enrollee, provided that the policy is offered and is available for issuance to new
8.30enrollees by the same issuer that issued the individual's Medicare supplement policy with
8.31outpatient prescription drug coverage. The issuer must permit the enrollee to retain all
8.32optional benefits contained in the enrollee's existing coverage, other than outpatient
8Sec. 5.
REVISOR RSI/ES 25-0379703/07/25 9.1prescription drugs, subject to the provision that the coverage be offered and available for
9.2issuance to new enrollees by the same issuer.
9.3 (f)(1) At the time of an event described in paragraph (b), because of which an individual
9.4loses coverage or benefits due to the termination of a contract or agreement, policy, or plan,
9.5the organization that terminates the contract or agreement, the issuer terminating the policy,
9.6or the administrator of the plan being terminated, respectively, shall notify the individual
9.7of the individual's rights under this subdivision, and of the obligations of issuers of Medicare
9.8supplement policies under paragraph (a). The notice must be communicated
9.9contemporaneously with the notification of termination.
9.10 (2) At the time of an event described in paragraph (b), because of which an individual
9.11ceases enrollment under a contract or agreement, policy, or plan, the organization that offers
9.12the contract or agreement, regardless of the basis for the cessation of enrollment, the issuer
9.13offering the policy, or the administrator of the plan, respectively, shall notify the individual
9.14of the individual's rights under this subdivision, and of the obligations of issuers of Medicare
9.15supplement policies under paragraph (a). The notice must be communicated within ten
9.16working days of the issuer receiving notification of disenrollment.
9.17 (g) Reference in this subdivision to a situation in which, or to a basis upon which, an
9.18individual's coverage has been terminated does not provide authority under the laws of this
9.19state for the termination in that situation or upon that basis.
9.20 (h) An individual's rights under this subdivision are in addition to, and do not modify
9.21or limit, the individual's rights under subdivision 1h.
9.22 Sec. 6. Minnesota Statutes 2024, section 62A.31, subdivision 4, is amended to read:
9.23 Subd. 4.Prohibited policy provisions.(a) A Medicare supplement policy or certificate
9.24in force in the state shall not contain benefits that duplicate benefits provided by Medicare
9.25or contain exclusions on coverage that are more restrictive than those of Medicare.
9.26Duplication of benefits is permitted to the extent permitted under subdivision 1s, paragraph
9.27(a), for benefits provided by Medicare Part D.
9.28 (b) No Medicare supplement policy or certificate may use waivers to exclude, limit, or
9.29reduce coverage or benefits for specifically named or described preexisting diseases or
9.30physical conditions, except as permitted under subdivision 1b.
9Sec. 6.
REVISOR RSI/ES 25-0379703/07/25 10.1 Sec. 7. Minnesota Statutes 2024, section 62A.44, subdivision 2, is amended to read:
10.2 Subd. 2.Questions.(a) Application forms shall include the following questions designed
10.3to elicit information as to whether, as of the date of the application, the applicant has another
10.4Medicare supplement or other health insurance policy or certificate in force or whether a
10.5Medicare supplement policy or certificate is intended to replace any other accident and
10.6sickness policy or certificate presently in force. A supplementary application or other form
10.7to be signed by the applicant and agent containing the questions and statements may be
10.8used.
10.9 "(1) You do not need more than one Medicare supplement policy or certificate.
10.10 (2) If you purchase this policy, you may want to evaluate your existing health coverage
10.11 and decide if you need multiple coverages.
10.12 (3) You may be eligible for benefits under Medicaid and may not need a Medicare
10.13 supplement policy or certificate.
10.14 (4) The benefits and premiums under your Medicare supplement policy or certificate
10.15 can be suspended, if requested, during your entitlement to benefits under Medicaid for
10.16 24 months. You must request this suspension within 90 days of becoming eligible for
10.17 Medicaid. If you are no longer entitled to Medicaid, your policy or certificate will be
10.18 reinstated if requested within 90 days of losing Medicaid eligibility.
10.19 (5) Counseling services may be available in Minnesota to provide advice concerning
10.20 medical assistance through state Medicaid, Qualified Medicare Beneficiaries (QMBs),
10.21 and Specified Low-Income Medicare Beneficiaries (SLMBs).
10.22 To the best of your knowledge:
10.23 (1) Do you have another Medicare supplement policy or certificate in force?
10.24 (a) If so, with which company?
10.25 (b) If so, do you intend to replace your current Medicare supplement policy with this
10.26policy or certificate?
10.27 (2) Do you have any other health insurance policies that provide benefits which this
10.28 Medicare supplement policy or certificate would duplicate?
10.29 (a) If so, please name the company.
10.30 (b) What kind of policy?
10Sec. 7.
REVISOR RSI/ES 25-0379703/07/25 11.1 (3) Are you covered for medical assistance through the state Medicaid program? If so,
11.2 which of the following programs provides coverage for you?
11.3 (a) Specified Low-Income Medicare Beneficiary (SLMB),
11.4 (b) Qualified Medicare Beneficiary (QMB), or
11.5 (c) full Medicaid Beneficiary?"
11.6 (b) Agents shall list any other health insurance policies they have sold to the applicant.
11.7 (1) List policies sold that are still in force.
11.8 (2) List policies sold in the past five years that are no longer in force.
11.9 (c) In the case of a direct response issuer, a copy of the application or supplemental
11.10form, signed by the applicant, and acknowledged by the insurer, shall be returned to the
11.11applicant by the insurer on delivery of the policy or certificate.
11.12 (d) Upon determining that a sale will involve replacement of Medicare supplement
11.13coverage, any issuer, other than a direct response issuer, or its agent, shall furnish the
11.14applicant, before issuance or delivery of the Medicare supplement policy or certificate, a
11.15notice regarding replacement of Medicare supplement coverage. One copy of the notice
11.16signed by the applicant and the agent, except where the coverage is sold without an agent,
11.17shall be provided to the applicant and an additional signed copy shall be retained by the
11.18issuer. A direct response issuer shall deliver to the applicant at the time of the issuance of
11.19the policy or certificate the notice regarding replacement of Medicare supplement coverage.
11.20 (e) The notice required by paragraph (d) for an issuer shall be provided in substantially
11.21the following form in no less than 12-point type:
11.22 "NOTICE TO APPLICANT REGARDING REPLACEMENT
11.23 OF MEDICARE SUPPLEMENT INSURANCE
11.24 (Insurance company's name and address)
11.25 SAVE THIS NOTICE! IT MAY BE IMPORTANT TO YOU IN THE FUTURE.
11.26 According to (your application) (information you have furnished), you intend to terminate
11.27existing Medicare supplement insurance and replace it with a policy or certificate to be
11.28issued by (Company Name) Insurance Company. Your new policy or certificate will provide
11.2930 days within which you may decide without cost whether you desire to keep the policy
11.30or certificate.
11Sec. 7.
REVISOR RSI/ES 25-0379703/07/25 12.1 You should review this new coverage carefully. Compare it with all accident and sickness
12.2coverage you now have. If, after due consideration, you find that purchase of this Medicare
12.3supplement coverage is a wise decision you should terminate your present Medicare
12.4supplement policy. You should evaluate the need for other accident and sickness coverage
12.5you have that may duplicate this policy.
12.6 STATEMENT TO APPLICANT BY ISSUER, AGENT, (BROKER OR OTHER
12.7 REPRESENTATIVE): I have reviewed your current medical or health insurance
12.8 coverage. To the best of my knowledge this Medicare supplement policy will not duplicate
12.9 your existing Medicare supplement policy because you intend to terminate the existing
12.10 Medicare supplement policy. The replacement policy or certificate is being purchased
12.11 for the following reason(s) (check one):
Additional benefits12.12 ................
No change in benefits, but lower premiums12.13 ................
Fewer benefits and lower premiums12.14 ................
Other (please specify)12.15 ................
12.16 ......................................................................................................................................
12.17 ......................................................................................................................................
12.18 ......................................................................................................................................
12.19 (1) Health conditions which you may presently have (preexisting conditions) may not
12.20 be immediately or fully covered under the new policy or certificate. This could result
12.21 in denial or delay of a claim for benefits under the new policy or certificate, whereas a
12.22 similar claim might have been payable under your present policy or certificate.
12.23 (2) State law provides that your replacement policy or certificate may not contain new
12.24 preexisting conditions, waiting periods, elimination periods, or probationary periods.
12.25 The insurer will waive any time periods applicable to preexisting conditions, waiting
12.26 periods, elimination periods, or probationary periods in the new policy (or coverage)
12.27 for similar benefits to the extent the time was spent (depleted) under the original policy
12.28 or certificate.
12.29 (3) If you still wish to terminate your present policy or certificate and replace it with
12.30 new coverage, be certain to truthfully and completely answer all questions on the
12.31 application concerning your medical and health history. Failure to include all material
12.32 medical information on an application may provide a basis for the company to deny any
12.33 future claims and to refund your premium as though your policy or certificate had never
12.34 been in force. After the application has been completed and before you sign it, review
12Sec. 7.
REVISOR RSI/ES 25-0379703/07/25 13.1 it carefully to be certain that all information has been properly recorded. (If the policy
13.2 or certificate is guaranteed issue, this paragraph need not appear.)
13.3 Do not cancel your present policy or certificate until you have received your new policy
13.4 or certificate and you are sure that you want to keep it.
13.5 .........................................................................................
13.6 (Signature of Agent, Broker, or Other Representative)*
13.7 .........................................................................................
13.8 (Typed Name and Address of Issuer, Agent, or Broker)
13.9 .........................................................................................
13.10 (Date)
13.11 .........................................................................................
13.12 (Applicant's Signature)
13.13 .........................................................................................
13.14 (Date)
13.15 *Signature not required for direct response sales."
13.16 (f) Paragraph (e), clauses (1) and (2), of the replacement notice (applicable to preexisting
13.17conditions) may be deleted by an issuer if the replacement does not involve application of
13.18a new preexisting condition limitation.
13.19Sec. 8. REPEALER.
13.20 (a) Minnesota Statutes 2024, sections 62A.3099, subdivision 18b; and 62A.31, subdivision
13.211w, are repealed.
13.22 (b) Laws 2023, chapter 57, article 2, section 66, is repealed.
13.23Sec. 9. EFFECTIVE DATE.
13.24 This act is effective the day following final enactment.
13Sec. 9.
REVISOR RSI/ES 25-0379703/07/25 62A.3099 DEFINITIONS.
Subd. 18b.Open enrollment period."Open enrollment period" means the time period described
in Code of Federal Regulations, title 42, section 422.62, paragraph (a), clauses (2) to (4), as amended.
62A.31 MEDICARE SUPPLEMENT BENEFITS; MINIMUM STANDARDS.
Subd. 1w.Open enrollment.A medicare supplement policy or certificate must not be sold or
issued to an eligible individual outside of the time periods described in subdivision 1u.
1R
APPENDIX
Repealed Minnesota Statutes: 25-03797 Laws 2023, chapter 57, article 2, section 66
Sec. 66. REPEALER.
Minnesota Statutes 2022, section 62A.31, subdivisions 1b and 1i, are repealed.
EFFECTIVE DATE.This section is effective August 1, 2025, and applies to policies offered,
issued, or renewed on or after that date.
2R
APPENDIX
Repealed Minnesota Session Laws: 25-03797