Section 3.28.457. Open enrollment.

	(a)  An issuer may not deny or condition the issuance or effectiveness of a medicare supplement policy or certificate available for sale in this state or 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 individual applying, when an application for that policy or certificate is submitted before or during the six-month period beginning with the first day of the first month in which that individual is both 65 years of age or older and is enrolled for benefits under medicare Part B. A medicare supplement policy or certificate currently available from an insurer must be made available at the time of application to all applicants who qualify under this subsection without regard to age of the applicant. Except as provided in (b) of this section, 3 AAC 28.462, and 3 AAC 28.507, this section may not be construed to prevent the exclusion of benefits under a policy during the first six months based on a preexisting condition for which the policyholder or certificate holder received treatment or was otherwise diagnosed during the six months before the coverage became effective.  
	(b)  If an applicant qualifies under (a) of this section, submits an application during the time period referenced in (a) of this section, and, as of the date of the application,  
		(1) has had a continuous period of creditable coverage of at least six months, the issuer may not exclude benefits based on a preexisting condition; or  
		(2) has had a continuous period of creditable coverage of less than six months, the issuer shall reduce the period of any preexisting condition exclusion by the total of the period of creditable coverage applicable to the applicant as of the enrollment date in a manner specified by the secretary.  

Authorities

21.06.090;21.42.130;21.96.060;01.05.031;21.89.060;44.62.125

Notes

Authority

AS 21.06.090 AS 21.42.130 AS 21.96.060 Editor's note: In 2010 the revisor of statutes, acting under AS 01.05.031, renumbered former AS 21.89.060 as AS 21.96.060. As of Register 196 (January 2011), the regulations attorney made a conforming technical revision under AS 44.62.125(b)(6), to the authority citation that follows 3 AAC 28.457, so that the citation to former AS 21.89.060 now refers to the renumbered statute, AS 21.96.060.

History

Eff. 7/1/92, Register 122; am 7/12/96, Register 139; am 4/21/99, Register 150; am 9/4/2005, Register 175

References

3.28.457