§ 3105. Minimum benefit standards
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 40 P.S. Insurance
40 P.S. § 3105
§ 3105. Minimum benefit standards
No policy shall be filed with the department as a medicare supplement policy unless the policy meets or exceeds, either in a single policy or, in the case of health plan corporations and nonprofit health service plans, in one or more policies issued in conjunction with one another, the requirements of the NAIC Model Regulation to Implement the Individual Accident and Sickness Insurance Minimum Standards Act, as adopted by the National Association of Insurance Commissioners on June 6, 1979 as it applies to medicare supplement policies. At least the following provisions and benefits shall be provided in such policy:
(1) A medicare supplement policy may not exclude losses incurred more than six months from the effective date of coverage for a preexisting condition. The policy may 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 prior to the effective date of coverage.
(3) The term “medicare eligible expenses” shall mean health care expenses of the kinds covered by medicare to the extent recognized as reasonable by medicare. Payment of benefits by insurers for medicare eligible expenses may be conditioned upon the same or less restrictive payment conditions, including determinations of medical necessity as are applicable to medicare claims.
(6)(i) Insurers which made available within the Commonwealth of Pennsylvania any medicare supplement policy subject to this act shall also simultaneously offer to the same prospective insured persons an additional benefit plan medicare supplement coverage which both conforms to the terms and conditions of section 41 and which also provides at least the following coverages:
(ii) Such offer shall be given prominence in any solicitation of the medicare supplement policy benefits described in section 52 and shall provide the prospective insured the opportunity to simultaneously enroll or apply for the additional benefit plan medicare supplement coverage. The description of the additional benefit plan medicare supplement coverage shall include a statement of the coverages, the premium charges, and any additional applicable exclusions and limitations permitted for the additional benefit plan medicare supplement coverage.
Credits
1982, Dec. 15, P.L. 1291, No. 292, § 5, effective July 1, 1983.
40 P.S. § 3105, PA ST 40 P.S. § 3105
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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