§431:10A-304  Standards for policyprovisions.  (a)  No medicare supplement policy or certificate in force inthe State shall contain benefits that duplicate benefits provided by medicare.

(b)  The commissioner shall adopt reasonablerules to establish specific standards for the provisions of medicare supplementpolicies and certificates.  The standards shall be in addition to and inaccordance with applicable laws of this State, including the provisions of partI of this article.  No requirement of this chapter relating to minimum requiredpolicy benefits, other than the minimum standards contained in this part, shallapply to medicare supplement policies and certificates.  The standards maycover, but shall not be limited to:

(1)  Terms of renewability;

(2)  Initial and subsequent conditions of eligibility;

(3)  Nonduplication of coverage;

(4)  Probationary periods;

(5)  Benefit limitations, exceptions, and reductions;

(6)  Elimination periods;

(7)  Requirements for replacement;

(8)  Recurrent conditions; and

(9)  Definition of terms.

(c)  The commissioner may adopt reasonablerules that specify prohibited policy provisions not otherwise specificallyauthorized by law, which, in the opinion of the commissioner, are unjust,unfair, or unfairly discriminatory to any person insured or proposed to beinsured under any medicare supplement policy or certificate.

(d)  A medicare supplement policy orcertificate shall not exclude or limit benefits for losses incurred more thansix months after the effective date of coverage because it involved apreexisting condition.  The policy or certificate shall not define apreexisting condition more restrictively than a condition for which medicaladvice was given or treatment was recommended by or received from a physicianwithin six months before the effective date of coverage. [L 1987, c 347, pt of§2; am L 1989, c 195, §26; am L 1990, c 84, §3; am L 1992, c 195, §3]