1358.11
. (a) (1) An issuer shall not deny or condition the offering
or effectiveness of any Medicare supplement contract available for
sale in this state, nor discriminate in the pricing of a contract
because of the health status, claims experience, receipt of health
care, or medical condition of an applicant in the case of an
application for a contract that is submitted prior to or during the
six-month period beginning with the first day of the first month in
which an individual is both 65 years of age or older and is enrolled
for benefits under Medicare Part B. Each Medicare supplement contract
currently available from an issuer shall be made available to all
applicants who qualify under this subdivision and who are 65 years of
age or older.
(2) An issuer shall make available Medicare supplement benefit
plans A, B, C, and F, if currently available, to an applicant who
qualifies under this subdivision who is 64 years of age or younger
and who does not have end-stage renal disease. An issuer shall also
make available to those applicants Medicare supplement benefit plan K
or L, if currently available, or Medicare supplement benefit plan M
or N, if currently available. The selection between Medicare
supplement benefit plan K or L and the selection between Medicare
supplement benefit plan M or N shall be made at the issuer's
discretion.
(3) This section and Section 1358.12 do not prohibit an issuer in
determining subscriber rates from treating applicants who are under
65 years of age and are eligible for Medicare Part B as a separate
risk classification.
(b) (1) If an applicant qualifies under subdivision (a) and
submits an application during the time period referenced in
subdivision (a) and, as of the date of application, has had a
continuous period of creditable coverage of at least six months, the
issuer shall not exclude benefits based on a preexisting condition.
(2) If the applicant qualifies under subdivision (a) and submits
an application during the time period referenced in subdivision (a)
and, as of the date of application, has had a continuous period of
creditable coverage that is less than six months, the issuer shall
reduce the period of any preexisting condition exclusion by the
aggregate of the period of creditable coverage applicable to the
applicant as of the enrollment date. The manner of the reduction
under this subdivision shall be as specified by the director.
(c) Except as provided in subdivision (b) and Section 1358.23,
subdivision (a) shall not be construed as preventing the exclusion of
benefits under a contract, during the first six months, based on a
preexisting condition for which the enrollee received treatment or
was otherwise diagnosed during the six months before the coverage
became effective.
(d) An individual enrolled in Medicare by reason of disability
shall be entitled to open enrollment described in this section for
six months after the date of his or her enrollment in Medicare Part
B, or if notified retroactively of his or her eligibility for
Medicare, for six months following notice of eligibility. Sales
during the open enrollment period shall not be discouraged by any
means, including the altering of the commission structure.
(e) (1) An individual enrolled in Medicare Part B is entitled to
open enrollment described in this section for six months following:
(A) Receipt of a notice of termination or, if no notice is
received, the effective date of termination from any
employer-sponsored health plan including an employer-sponsored
retiree health plan.
(B) Receipt of a notice of loss of eligibility due to the divorce
or death of a spouse or, if no notice is received, the effective date
of loss of eligibility due to the divorce or death of a spouse, from
any employer-sponsored health plan including an employer-sponsored
retiree health plan.
(C) Termination of health care services for a military retiree or
the retiree's Medicare eligible spouse or dependent as a result of a
military base closure or loss of access to health care services
because the base no longer offers services or because the individual
relocates.
(2) For purposes of this subdivision, "employer-sponsored retiree
health plan" includes any coverage for medical expenses, including
coverage under the Consolidated Omnibus Budget Reconciliation Act of
1985 (COBRA) and the California Continuation Benefits Replacement Act
(Cal-COBRA), that is directly or indirectly sponsored or established
by an employer for employees or retirees, their spouses, dependents,
or other included covered persons.
(f) An individual enrolled in Medicare Part B is entitled to open
enrollment described in this section if the individual was covered
under a policy, certificate, or contract providing Medicare
supplement coverage but that coverage terminated because the
individual established residence at a location not served by the
issuer.
(g) (1) An individual whose coverage was terminated by a Medicare
Advantage plan shall be entitled to an additional 60-day open
enrollment period to be added on to and run consecutively after any
open enrollment period authorized by federal law or regulation, for
any and all Medicare supplement coverage available on a guaranteed
basis under state and federal law or regulations for persons
terminated by their Medicare Advantage plan.
(2) Health plans that terminate Medicare enrollees shall notify
those enrollees in the termination notice of the additional open
enrollment period authorized by this subdivision. Health plan notices
shall inform enrollees of the opportunity to secure advice and
assistance from the HICAP in their area, along with the toll-free
telephone number for HICAP.
(h) (1) An individual shall be entitled to an annual open
enrollment period lasting 30 days or more, commencing with the
individual's birthday, during which time that person may purchase any
Medicare supplement coverage that offers benefits equal to or lesser
than those provided by the previous coverage. During this open
enrollment period, no issuer that falls under this provision shall
deny or condition the issuance or effectiveness of Medicare
supplement coverage, nor discriminate in the pricing of coverage,
because of health status, claims experience, receipt of health care,
or medical condition of the individual if, at the time of the open
enrollment period, the individual is covered under another Medicare
supplement policy, certificate, or contract. An issuer that offers
Medicare supplement contracts shall notify an enrollee of his or her
rights under this subdivision at least 30 and no more than 60 days
before the beginning of the open enrollment period.
(2) For purposes of this subdivision, the following provisions
shall apply:
(A) A 1990 standardized Medicare supplement benefit plan A shall
be deemed to offer benefits equal to those provided by a 2010
standardized Medicare supplement benefit plan A.
(B) A 1990 standardized Medicare supplement benefit plan B shall
be deemed to offer benefits equal to those provided by a 2010
standardized Medicare supplement benefit plan B.
(C) A 1990 standardized Medicare supplement benefit plan C shall
be deemed to offer benefits equal to those provided by a 2010
standardized Medicare supplement benefit plan C.
(D) A 1990 standardized Medicare supplement benefit plan D shall
be deemed to offer benefits equal to those provided by a 2010
standardized Medicare supplement benefit plan D.
(E) A 1990 standardized Medicare supplement benefit plan E shall
be deemed to offer benefits equal to those provided by a 2010
standardized Medicare benefit plan D.
(F) (i) A 1990 standardized Medicare supplement benefit plan F
shall be deemed to offer benefits equal to those provided by a 2010
standardized Medicare benefit plan F.
(ii) A 1990 standardized Medicare supplement benefit high
deductible plan F shall be deemed to offer benefits equal to those
provided by a 2010 standardized Medicare supplement benefit high
deductible plan F.
(G) A 1990 standardized Medicare supplement benefit plan G shall
be deemed to offer benefits equal to those provided by a 2010
standardized Medicare supplement benefit plan G.
(H) A 1990 standardized Medicare supplement benefit plan H shall
be deemed to offer benefits equal to those provided by a 2010
standardized Medicare supplement benefit plan D.
(I) A 1990 standardized Medicare supplement benefit plan I shall
be deemed to offer benefits equal to those provided by a 2010
standardized Medicare supplement benefit plan G.
(J) (i) A 1990 standardized Medicare supplement benefit plan J
shall be deemed to offer benefits equal to those provided by a 2010
standardized Medicare supplement benefit plan F.
(ii) A 1990 standardized Medicare supplement benefit high
deductible plan J shall be deemed to offer benefits equal to those
provided by a 2010 standardized Medicare supplement benefit high
deductible plan F.
(K) A 1990 standardized Medicare supplement benefit plan K shall
be deemed to offer benefits equal to those provided by a 2010
standardized Medicare supplement benefit plan K.
(L) A 1990 standardized Medicare supplement benefit plan L shall
be deemed to offer benefits equal to those provided by a 2010
standardized Medicare supplement benefit plan L.
(i) An individual enrolled in Medicare Part B is entitled to open
enrollment described in this section upon being notified that,
because of an increase in the individual's income or assets, he or
she meets one of the following requirements:
(1) He or she is no longer eligible for Medi-Cal benefits.
(2) He or she is only eligible for Medi-Cal benefits with a share
of cost and certifies at the time of application that he or she has
not met the share of cost.