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SPONSOR: |
Sen. Bushweller & Rep. B. Short |
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Sens. Blevins, Ennis, Hall-Long, Henry, Peterson, Sokola, Venables; Reps. Heffernan, Q. Johnson |
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DELAWARE STATE SENATE 147th GENERAL ASSEMBLY |
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SENATE BILL NO. 42 |
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AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE WITH RESPECT TO MEDICARE SUPPLEMENT INSURANCE. |
Section 1.Amend Chapter 34, Title 18, of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
§3410. Penalties.(76 Del. Laws, c. 354, §1; 70 Del, Laws, c.
186, §1; transferred to §3409 of this title by 76 Del. Laws 354, §, eff. June
30, 2011)Coverage for persons
eligible for Medicare due to disability.
(a)Each Medicare supplement policy or applicable certificate that an issuer currently, or at any time hereafter, makes available in this State shall be made available to any applicant under the age of sixty-five (65) who is eligible for Medicare due to a disability, including, without limitation, end-stage renal disease, provided that the applicant submits his or her application during the first six months immediately following such applicant's enrollment in Part B of Medicare or within six months after the effective date of this section, whichever is later.The issuance or effectiveness of any Medicare supplement policy pursuant to this section shall not be conditioned on, nor shall the price of the policy be discriminatory based upon, the medical or health status or receipt of health care by the applicant.
(b)Premium rates for Medicare supplement policies and certificates issued pursuant to this section may differ between persons who qualify for Medicare who are sixty-five (65) years of age or older and those who qualify for Medicare by reason of disability or end-stage renal disease and who are younger than sixty-five (65) years of age; provided, however, that such differences in premium rates are pursuant to rate schedules that are based on sound actuarial principles and are reasonable in relation to the benefits provided.
(c)Medicare supplement policies issued pursuant to this section shall be separately underwritten from other Medicare supplement policies, and risks assumed by issuers pursuant to subsection (a) shall not be subsidized by purchasers of Medicare supplement policies that were not issued pursuant to subsection (a).
Section 3.This law shall apply to all individual and group Medicare supplement contracts issued or renewed on or after January 1, 2013.
SYNOPSIS
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This bill ensures that individuals who are eligible for the Federal Medicare program due to disability are able to purchase the same Medicare supplement policies available to individuals eligible for Medicare due to age.This bill also ensures that the rates for Medicare supplement insurance purchased by persons who receive Medicare for reasons unrelated to disability are not affected by this bill. |
Author: Senator Bushweller