Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 488 (January 27, 2024).

31 Pa. Code § 89.777c. Standard Medicare supplement benefit plans for 2020 Standardized Medicare supplement benefit plans issued or delivered to individuals newly eligible for Medicare on or after January 1, 2020.

§ 89.777c. Standard Medicare supplement benefit plans for 2020 Standardized Medicare supplement benefit plans issued or delivered to individuals newly eligible for Medicare on or after January 1, 2020.

 (a)  Applicability.

   (1)  Except as provided in subsection (d), this section applies to a 2020 Standardized Medicare supplement plan issued or delivered to an individual newly eligible for Medicare on or after January 1, 2020, by reason of:

     (i)   Attainment of 65 years of age on or after January 1, 2020.

     (ii)   Entitlement to Medicare Part A benefits under section 226(b) or 226A of the Social Security Act (42 U.S.C.A. § §  426(b) and 426-1) on or after January 1, 2020.

     (iii)   Entitlement to benefits under section 226(a) of the Social Security Act on or after January 1, 2020.

   (2)  Benefit plan standards applicable to a Medicare supplement policy or certificate issued or delivered to individuals eligible for Medicare before January 1, 2020, remain subject to §  89.777b (relating to Standard Medicare supplement benefit plans for 2010 Standardized Medicare supplement benefit plan policies or certificates issued or delivered on or after June 1, 2010).

 (b)  Benefit requirements. A 2020 Standardized Medicare supplement benefit plan that is advertised, solicited, delivered or issued for delivery in this Commonwealth to an individual newly eligible for Medicare as set forth in subsection (a)(1):

   (1)  May not provide coverage of the Medicare Part B deductible.

   (2)  Must meet the standards and requirements of §  89.777b except that:

     (i)   Standardized Medicare supplement benefit Plan C is redesignated as Plan D and must provide the benefits in §  89.777b(f)(3) but may not provide coverage for any portion of the Medicare Part B deductible.

     (ii)   Standardized Medicare supplement benefit Plan F is redesignated as Plan G and must provide the benefits in §  89.777b(f)(5) but may not provide coverage for any portion of the Medicare Part B deductible.

     (iii)   Standardized Medicare supplement benefit Plans C, F and high deductible Plan F may not be offered to individuals newly eligible for Medicare on or after January 1, 2020.

     (iv)   Standardized Medicare supplement benefit high deductible Plan F is redesignated as high deductible Plan G and must provide the benefits in §  89.777b(f)(6) but may not provide coverage for any portion of the Medicare Part B deductible. The Medicare Part B deductible paid by a beneficiary enrolled in a Standardized Medicare supplement benefit high deductible Plan G plan shall be considered an out-of-pocket expense for purposes of meeting the annual high deductible.

     (v)   For purposes of this section, the references to Plans C and F in §  89.777b(b)(2) are deemed to be references to Plans D and G, respectively.

 (c)  Guaranteed issue for eligible persons. For purposes of §  89.790(e) (relating to guaranteed issued for eligible persons), in the case of an individual newly eligible for Medicare on or after January 1, 2020, any reference to a standardized Medicare supplement benefit policy classified as Plan C, F or high deductible Plan F is deemed to be a reference to a standardized Medicare supplement benefit Plan D, G or high deductible Plan G, respectively, that meets the requirements of this subsection and subsection (d).

 (d)  Offer of redesignated plans to individuals other than those newly eligible. On or after January 1, 2020, a standardized Medicare supplement benefit plan described in subsection (b)(2)(iv) may be offered to an individual who was eligible for Medicare prior to January 1, 2020, under §  89.777b(f)(7).

Authority

   The provisions of this §  89.777c issued under sections 206, 506, 1501 and 1502 of The Administrative Code of 1929 (71 P.S. § §  66, 186, 411 and 412); sections 5 and 9 of the Medicare Supplement Insurance Act (40 P.S. § §  3105 and 3109); and section 314 of the Accident and Health Filing Reform Act (40 P.S. §  3801.314).

Source

   The provisions of this §  89.777c adopted September 7, 2018, effective September 8, 2018, 48 Pa.B. 5601.

Cross References

   This section cited in 31 Pa. Code §  89.777b (relating to Standard Medicare supplement benefit plans for 2010 Standardized Medicare supplement benefit plan policies or certificates issued or delivered on or after June 1, 2010).



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