The bill amends the Code of West Virginia by introducing a new article, 33-15F-1, which establishes guaranteed issue rights for Medicare supplement policies. It defines key terms related to Medicare supplement policies and outlines the eligibility criteria for individuals seeking to replace their existing policies. Specifically, it allows individuals enrolled in a Medicare supplement policy to have a guaranteed issue right to replace that policy once per year, provided they have maintained continuous coverage for at least 24 months. The application period for this right begins on the individual's birthday and lasts for 60 days. Insurers are prohibited from denying issuance, imposing medical underwriting, or applying pre-existing condition exclusions for policies issued under this provision.
Additionally, the bill provides guaranteed issue rights for individuals who lose Medicaid eligibility, allowing them to purchase any actively offered Medicare supplement policy within 63 days of losing their Medicaid coverage. The Insurance Commissioner is tasked with submitting an annual report on Medicare supplement policy premium trends, and the bill grants the Commissioner rulemaking authority to administer these provisions without expanding eligibility or benefits beyond what is specified. The requirements of this section will apply to all relevant insurance policies issued or modified after June 1, 2026.
Statutes affected: Introduced Version: 33-15F-1
Committee Substitute: 33-15F-1
Engrossed Committee Substitute: 33-15F-1
Enrolled Committee Substitute: 33-15F-1