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Title 3 . Commerce, Community, and Economic Development
Chapter 28 . Miscellaneous
Section 457. Open enrollment

3 AAC 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.

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

Authority: AS 21.06.090

AS 21.42.130

AS 21.89.060

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Last modified 7/05/2006