This bill aims to amend the Code of West Virginia by introducing a new article, designated as 33-15F, which establishes guaranteed-issue rights for Medicare supplement (Medigap) policies. It defines key terms related to Medicare supplement policies and outlines the rights of individuals to replace their existing policies without facing medical underwriting or pre-existing condition exclusions. Specifically, it provides an annual guaranteed issue right based on an individual's birthday, allowing them to replace their policy within 60 days of their birthday, as well as a guaranteed issue right for individuals who lose Medicaid eligibility. The bill also mandates annual reporting by the Insurance Commissioner on premium trends for Medicare supplement policies and grants the Commissioner rulemaking authority to administer these provisions.

The legislation emphasizes that insurers cannot deny issuance or impose medical underwriting during the guaranteed issue periods and clarifies that these rights do not create an open enrollment period beyond what is specified. Additionally, it ensures that the new provisions do not limit existing rights under federal law or apply to Medicare Advantage plans. Overall, the bill seeks to enhance access to Medicare supplement policies for West Virginia residents, particularly those facing changes in their health insurance status.

Statutes affected:
Introduced Version: 33-15F-1