§431:10A-304 - Standards for policy provisions.
§431:10A-304 Standards for policy
provisions. (a) No medicare supplement policy or certificate in force in
the State shall contain benefits that duplicate benefits provided by medicare.
(b) The commissioner shall adopt reasonable
rules to establish specific standards for the provisions of medicare supplement
policies and certificates. The standards shall be in addition to and in
accordance with applicable laws of this State, including the provisions of part
I of this article. No requirement of this chapter relating to minimum required
policy benefits, other than the minimum standards contained in this part, shall
apply to medicare supplement policies and certificates. The standards may
cover, 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 reasonable
rules that specify prohibited policy provisions not otherwise specifically
authorized by law, which, in the opinion of the commissioner, are unjust,
unfair, or unfairly discriminatory to any person insured or proposed to be
insured under any medicare supplement policy or certificate.
(d) A medicare supplement policy or
certificate shall not exclude or limit benefits for losses incurred more than
six months after the effective date of coverage because it involved a
preexisting condition. The policy or certificate shall not define a
preexisting condition more restrictively than a condition for which medical
advice was given or treatment was recommended by or received from a physician
within 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]