2023 -- H 6179
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LC002612
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A C T
RELATING TO INSURANCE – MEDICARE SUPPLEMENT INSURANCE POLICIES
Introduced By: Representatives Donovan, Messier, McNamara, Kislak, Ajello,
Speakman, Carson, Fogarty, Shallcross Smith, and Potter
Date Introduced: March 22, 2023
Referred To: House Health & Human Services
It is enacted by the General Assembly as follows:
SECTION 1. Section 27-18.2-3 of the General Laws in Chapter 27-18.2 entitled "Medicare 1
Supplement Insurance Policies" is hereby amended to read as follows: 2
27-18.2-3. Standards for policy provisions. [Effective July 1, 2023.] 3
(a) No Medicare supplement insurance policy or certificate in force in the state shall contain 4
benefits that duplicate benefits provided by Medicare. 5
(b) Notwithstanding any other provision of law of this state, a Medicare supplement policy 6
or certificate shall not exclude or limit benefits for loss incurred more than six (6) months from the 7
effective date of coverage because it involved a preexisting condition. The policy or certificate shall 8
not define a preexisting condition more restrictively than a condition for which medical advice was 9
given or treatment was recommended by or received from a physician within six (6) months before 10
the effective date of coverage. 11
(c) The commissioner shall adopt reasonable regulations to establish specific standards for 12
policy provisions of Medicare supplement policies and certificates. Those standards shall be in 13
addition to and in accordance with the applicable laws of this state, including but not limited to §§ 14
27-18-3(a) and 42-62-12 and regulations promulgated pursuant to those sections. No requirement 15
of this title or chapter 62 of title 42 relating to minimum required policy benefits, other than the 16
minimum standards contained in this chapter, shall apply to Medicare supplement policies and 17
certificates. The standards may cover, but not be limited to: 18
(1) Terms of renewability; 19
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(2) Initial and subsequent conditions of eligibility; 1
(3) Nonduplication of coverage; 2
(4) Probationary periods; 3
(5) Benefit limitations, exceptions, and reductions; 4
(6) Elimination periods; 5
(7) Requirements for replacement; 6
(8) Recurrent conditions; and 7
(9) Definitions of terms. 8
(d) The commissioner may adopt reasonable regulations that specify prohibited policy 9
provisions not specifically authorized by statute, if, in the opinion of the commissioner, those 10
provisions are unjust, unfair, or unfairly discriminatory to any person insured or proposed to be 11
insured under a Medicare supplement policy or certificate. 12
(e) The commissioner shall adopt reasonable regulations to establish minimum standards 13
for premium rates, benefits, claims payment, marketing practices, and compensation arrangements 14
and reporting practices for Medicare supplement policies and certificates. 15
(f) The commissioner may adopt any reasonable regulations necessary to conform 16
Medicare supplement policies and certificates to the requirements of federal law and regulations 17
promulgated pursuant to federal law, including but not limited to: 18
(1) Requiring refunds or credits if the policies or certificates do not meet loss ratio 19
requirements; 20
(2) Establishing a uniform methodology for calculating and reporting loss ratios; 21
(3) Assuring public access to policies, premiums, and loss ratio information of issuers of 22
Medicare supplement insurance; 23
(4) Establishing a process for approving or disapproving policy forms and certificate forms 24
and proposed premium increases; 25
(5) Establishing a policy for holding public hearings prior to approval of premium increases 26
that may include the applicant’s provision of notice of the proposed premium increase to all 27
subscribers subject to the proposed increase, at least ten (10) days prior to the hearing; and 28
(6) Establishing standards for Medicare select policies and certificates. 29
(g) Each Medicare supplement Plan A policy or applicable certificate that an issuer 30
currently, or at any time hereafter, makes available in this state shall be made available to any 31
applicant under the age of sixty-five (65) who is eligible for Medicare due to a disability or end-32
stage renal disease, provided that the applicant submits their application during the first six (6) 33
months immediately following the applicant’s initial eligibility for Medicare Part B, or alternate 34
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enrollment period as determined by the commissioner. The issuance or coverage of any Medicare 1
supplement policy pursuant to this section shall not be conditioned on the medical or health status 2
or receipt of health care by the applicant; and no insurer shall perform individual medical 3
underwriting on any applicant in connection with the issuance of a policy pursuant to this 4
subsection. 5
(h) Medicare recipients over sixty-five (65) years of age applying for Medicare supplement 6
plan shall receive guaranteed issue rights. The issuance or coverage of any Medicare supplement 7
policy pursuant to this section shall not be conditioned on the medical or health status or receipt of 8
health care by the applicant; and no insurer shall perform individual medical underwriting in 9
connection with the issuance of a policy pursuant to this subsection. 10
SECTION 2. This act shall take effect upon passage. 11
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO INSURANCE – MEDICARE SUPPLEMENT INSURANCE POLICIES
***
This act would provide all Medicare recipients over sixty-five (65) years of age applying 1
for Medicare supplement plan guaranteed issue rights. The issuance or coverage of any Medicare 2
supplement plan would not be conditioned on the medical or health status or receipt of health care 3
by the applicant and no insurer shall perform individual medical underwriting in regards to issuance 4
of a policy. 5
This act would take effect upon passage. 6
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