W. Va. Code R. § 114-24-9

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 114-24-9 - Open Enrollment

9.1. No issuer shall deny or condition the issuance or effectiveness of any Medicare supplement policy or certificate available for sale in this state, nor discriminate in the pricing of a policy or certificate because of the health status, claims experience, receipt of health care, or medical condition of an applicant in the case of an application for a policy or certificate that is submitted prior to or during the six (6) month period beginning with the first day of the first month in which an individual is both 65 years of age or older and is enrolled for benefits under Medicare Part B. Each Medicare supplement policy and certificate currently available from an insurer shall be made available to all applicants who qualify under this subsection without regard to age.

9.2. If an applicant qualifies under subsection 9.1 of this section and submits an application during the time period referenced in subsection 9.1 of this section, and, as of the date of application, has had a continuous period of creditable coverage of at least six (6) months, the issuer shall not exclude benefits based on a preexisting condition.

9.3. If the applicant qualifies under subsection 9.1 of this section and submits an application during the time period referenced in subsection 9.1 of this section and, as of the date of application has had a continuous period of creditable coverage that is less than six (6) months, the issuer shall reduce the period of any preexisting condition exclusion by the aggregate of the period of creditable coverage applicable to the applicant as of the enrollment date. The Secretary shall specify the manner of the reduction under this subsection.

9.4. Except as provided in subsections 9.2 and 9.3 of this section and sections 10 and 21 of this rule, subsection 9.1 of this section shall not be construed as preventing the exclusion of benefits under a policy, during the first six (6) months, based on a preexisting condition for which the policyholder or certificate holder received treatment or was otherwise diagnosed during the six (6) months before the coverage became effective.

W. Va. Code R. § 114-24-9