FL OIR Informational Memorandum OIR-15-06M
Medicare Supplement Policies in Florida
INFORMATIONAL MEMORANDUM
OIR-15-06M
ISSUED
July 28, 2015
Florida Office of Insurance Regulation
Kevin M. McCarty, Commissioner
MEDICARE SUPPLEMENT POLICIES IN FLORIDA
The purpose of this memorandum is to notify insurers of the requirements and options available to
them under Florida law. This memorandum applies to Medicare supplement products and to products
labeled as something other than Medicare supplement insurance including, but not limited to, “Senior
Supplement Policies,” “Senior Medical Insurance Plans,” “Group Retiree Insurance Plans,” “Group
Limited Benefit Medical Expense Plans,” or any other policy which fits under the definition of Section
627.672, Florida Statutes. However, this memorandum does not apply to Medicare Advantage policies
as defined by federal law.
Definition of Medicare Supplement Policies
According to Section 627.672, Florida Statutes, a “Medicare supplement policy” is a health insurance
policy or other health benefit plan offered by a private entity to individuals who are entitled to have
payments for health care costs made under Medicare, Title XVIII of the Social Security Act (“Medicare”),
as presently constituted and as may later be amended, which provides reimbursement for expenses
incurred for services and items for which payment may be made under Medicare but which expenses
are not reimbursable by reason of the applicability of deductibles, coinsurance amounts, or other
limitations imposed by Medicare.
This is a broad definition and a policy need not be titled “Medicare supplement policy” for this Section
to apply. If the policy coordinates with Medicare and otherwise falls under this Section, it must comply
with Part VIII of Chapter 627, Florida Statutes.
Filing Requirements
All Medicare supplement policies or certificates delivered or issued for delivery in Florida must be filed
with the Office for approval. This includes any out‐of‐state group policy providing Medicare supplement
insurance benefits to a resident of this state pursuant to Section 627.6736, Florida Statutes. The out‐of‐
state group exemption contained in Section 627.6515, Florida Statutes, does not apply to Medicare
supplement insurance.
It has come to the attention of the Office that insurers may be selling Medicare supplement products
that may be labeled as something other than Medicare supplement. A Medicare supplement policy must
be filed with and approved by the Office prior to use in Florida. Failure to do so violates the Florida
Insurance Code and the insurer may be subject to one or more of the administrative remedies available
under the Florida Insurance Code or other applicable law.
Minimum Standards
Medicare supplement policies must meet the minimum standards as defined by Part VIII of Chapter 627,
Florida Statutes, and Rule 69O‐156, Florida Administrative Code. Except as expressly allowed in statute
or rule, no Medicare supplement policy or certificate may contain limitations or exclusions on coverage
that are more restrictive than those of Medicare.
New or Innovative Benefits in Addition to Minimum Standards
According to Section 627.674, Florida Statutes, a Medicare supplement policy must meet minimum
standards under Florida law, but a policy may include other provisions or benefits which are not
inconsistent with the minimum standards. Additionally, according to Rule 69O‐156.0085(6), Florida
Administrative Code, an issuer may offer policies with new or innovative benefits in addition to the
standardized benefits, so long as the innovative benefits do not adversely impact the goal of Medicare
supplement simplification. New or innovative benefits may not be used to change or reduce
standardized benefits, including a change of any cost‐sharing provision, in any standardized plan. Within
these parameters, insurers may develop multiple innovative or customized benefits, all or any of which
may be applied to any standardized plan.
Medicare Supplement Worksheets
Worksheets for Medicare supplement policies, applications, and outlines of coverage are available on
the Office’s website at http://www.floir.com/Sections/LandH/Medicare/MedicareForms.aspx. The
worksheets are designed to assist an insurer with Medicare supplement requirements and standards
contained in Florida Statutes and the Florida Administrative Code. While not mandatory, a completed
worksheet may be submitted with a Medicare supplement filing and inclusion of the worksheet will help
expedite review of the filing.
Use of Unapproved Forms or Rates
An insurer may not advertise, solicit, or issue for delivery in this state a Medicare supplement policy
unless it has been filed with and approved by the Office. An insurer using unapproved Medicare
supplement forms or rates will be subject to one or more administrative remedies available under the
Florida Insurance Code or other applicable law.
An insurer should immediately stop use of an unapproved form or rate and make the required filing with
the Office.
Questions concerning this memorandum may be directed to:
Eric Johnson
Chief Actuary & Director, Life & Health Product Review
850‐413‐5059
Eric.Johnson@floir.com
Andrew Marcus
Deputy Director, Life & Health Product Review – Legal Affairs
850‐413‐5110
Andrew.Marcus@floir.com
Betty Pate
Deputy Director, Life & Health Product Review – Health Forms
850‐413‐5158
Betty.Pate@floir.com