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2005 LAWS OF MARYLAND
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Ch. 289
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(2) Notwithstanding subsection (b)(1)(ii) of this section, a carrier may
include in a Medicare supplement policy a provision that complies with subsection (d)
of this section.
(3) (i) A carrier shall make available both a Medicare supplement
policy plan C and a Medicare supplement policy plan I MEDICARE SUPPLEMENT
POLICY PLANS A, C, AND I to an individual who is under the age of 65 years but is
eligible for Medicare due to a disability, if an application for a Medicare supplement
policy or certificate is submitted:
1. during the 6-month period following the applicant's
enrollment in Part B of Medicare; or
2. for an individual terminated from the Maryland Health
Insurance Plan as a result of enrollment in Part B of Medicare, during the 6-month
period after the individual's termination.
(ii) For a Medicare supplement policy plan C or a Medicare
supplement policy plan A, C, OR I required to be made available under subparagraph
(i) of this paragraph, a carrier:
1. may not deny or condition the issuance or effectiveness of
a Medicare supplement policy plan C or a Medicare supplement policy plan A, C, OR I
because of the health status, claims experience, receipt of health care, or medical
condition of the applicant; or
2. may not deny, reduce, or condition coverage to the
applicant for a Medicare supplement policy plan C or a Medicare supplement policy
plan A, C, OR I because of the health status, claims experience, or medical condition of
the applicant or the use of medical care by the applicant.
(III) FOR A MEDICARE SUPPLEMENT POLICY PLAN A REQUIRED TO
BE MADE AVAILABLE UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH, A CARRIER
MAY NOT CHARGE INDIVIDUALS WHO ARE UNDER THE AGE OF 65 YEARS, BUT ARE
ELIGIBLE FOR MEDICARE DUE TO A DISABILITY, A RATE HIGHER THAN THE AVERAGE
OF THE PREMIUMS PAID BY ALL POLICYHOLDERS AGE 65 AND OLDER IN THE STATE
WHO ARE COVERED UNDER THAT PLAN A POLICY FORM.
(4) A carrier may elect to offer Medicare supplement policy plans to
individuals who are under the age of 65 years, but eligible for Medicare due to a
disability, in addition to the Medicare supplement policy plan C and the Medicare
supplement policy plan PLANS A, C, AND I that are required to be offered under
paragraph (3)(i) of this subsection.
(5) Nothing in paragraph (3) of this subsection may be construed to
require a carrier to offer a Medicare supplement policy plan to individuals who are
under the age of 65 years, but are eligible for Medicare due to a disability, if the plan
is not offered to individuals who are eligible for Medicare due to age.
(6) A CARRIER MAY NOT CHARGE INDIVIDUALS WHO ARE UNDER THE
AGE OF 65 YEARS, BUT ARE ELIGIBLE FOR MEDICARE DUE TO A DISABILITY, A
HIGHER RATE FOR A PARTICULAR TYPE OF MEDICARE SUPPLEMENT POLICY THAN
- 1502 -
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