19 MAC Pt. 3, R. 10.11
Open Enrollment
Cite as 19 Miss. Admin. Code Pt. 3, R. 10.11
Open Enrollment
A. An issuer shall not 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 latter of the first day: of the first month in which
an individual is both sixty-five 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.
B.
1. If an applicant qualifies under Subsection A and submits an application during the
time period referenced in Subsection A 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.
2. If the applicant qualifies under Subsection A and submits an application during the time period
referenced in Subsection A 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.
C. Except as provided in Subsection B and Sections Rules 10.12 and 10.23, Subsection A 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.