NDAC 45-06-01.1-15
Requirements for application forms and replacement coverage
Cite as N.D. Admin. Code ยง 45-06-01.1-15
1.
Application forms must include the following questions designed to elicit information as to
whether, as of the date of the application, the applicant currently has Medicare supplement,
Medicare advantage, Medicaid coverage, or other health insurance policy or certificate in
force or whether a Medicare supplement policy or certificate is intended to replace any other
accident and sickness policy or certificate presently in force. A supplementary application or
other form to be signed by the applicant and agent containing such questions and statements
may be used.
[Statements]
1.
You do not need more than one Medicare supplement policy.
2.
If you purchase this policy, you may want to evaluate your existing health coverage
and decide if you need multiple coverages.
3.
You may be eligible for benefits under Medicaid and may not need a Medicare
supplement policy.
4.
If, after purchasing this policy, you become eligible for Medicaid, the benefits and
premiums under your Medicare supplement policy can be suspended, if requested,
during your entitlement to benefits under Medicaid for 24 months. You must request
this suspension within 90 days of becoming eligible for Medicaid. If you are no
longer entitled to Medicaid, your suspended Medicare supplement policy (or, if that
is no longer available, a substantially equivalent policy) will be reinstituted if
requested within 90 days of losing Medicaid eligibility. If the Medicare supplement
policy provided coverage for outpatient prescription drugs and you enrolled in
Medicare Part D while your policy was suspended, the reinstituted policy will not
have outpatient prescription drug coverage, but will otherwise be substantially
equivalent to your coverage before the date of the suspension.
5.
If you are eligible for, and have enrolled in a Medicare supplement policy by reason
of disability and you later become covered by an employer or union-based group
health plan, the benefits and premiums under your Medicare supplement policy can
be suspended, if requested, while you are covered under the employer or
union-based group health plan. If you suspend your Medicare supplement policy
under these circumstances, and later lose your employer or union-based group
health plan, your suspended Medicare supplement policy (or, if that is no longer
available, a substantially equivalent policy) will be reinstituted if requested within
90 days of losing your employer or union-based group health plan. If the Medicare
supplement policy provided coverage for outpatient prescription drugs and you
enrolled in Medicare Part D while your policy was suspended, the reinstituted policy
will not have outpatient prescription drug coverage, but will otherwise be
substantially equivalent to your coverage before the date of the suspension.
6.
Counseling services may be available in your state to provide advice concerning
your purchase of Medicare supplement insurance and concerning medical
assistance through the state medical assistance program, including benefits as a
qualified Medicare beneficiary (QMB) and a special low-income Medicare
beneficiary (SLMB).
[Questions]
If you lost or are losing other health insurance coverage and received a notice from your prior insurer
saying you were eligible for guaranteed issue of a Medicare supplement insurance policy, or that you
had certain rights to buy such a policy, you may be guaranteed acceptance in one or more of our
Medicare supplement plans. Please include a copy of the notice from your prior insurer with your
application. PLEASE ANSWER ALL QUESTIONS.
[Please mark Yes or No below with an "X"]
To the best of your knowledge,
1.
a.
Did you turn age 65 in the last 6 months?
Yes _____________ No _____________
b.
Did you enroll in Medicare Part B in the last 6 months?
Yes _____________ No _____________
c.
If yes, what is the effective date? _____________
2.
Are you covered for medical assistance through the state Medicaid program?
[NOTE TO APPLICANT: If you are participating in a "Spend-Down Program" and have not met
your "Share of Cost," please answer NO to this question.]
Yes _____________ No _____________
If yes,
a.
Will Medicaid pay your premiums for this Medicare supplement policy?
Yes _____________ No _____________
b.
Do you receive any benefits from Medicaid OTHER THAN payments toward your
Medicare Part B premium?
Yes _____________ No _____________
3.
a.
If you had coverage from any Medicare plan other than original Medicare within the past
63 days (for example, a Medicare Advantage plan, or a Medicare HMO or PPO), fill in
your start and end dates below. If you are still covered under this plan, leave "END"
blank.
START / / END / /
b.
If you are still covered under the Medicare plan, do you intend to replace your current
coverage with this new Medicare supplement policy?
Yes _____________ No _____________
c.
Was this your first time in this type of Medicare plan?
Yes _____________ No _____________
d.
Did you drop a Medicare supplement policy to enroll in the Medicare plan?
Yes _____________ No _____________
4.
a.
Do you have another Medicare supplement policy in force?
Yes _____________ No _____________
b.
If so, with what company, and what plan do you have [optional for Direct Mailers]?
______________________________________
c.
If so, do you intend to replace your current Medicare supplement policy with this policy?
Yes _____________ No _____________
5.
Have you had coverage under any other health insurance within the past 63 days? (For
example, an employer, union, or individual plan)
Yes _____________ No _____________
a.
If so, with what company and what kind of policy?
______________________________________
______________________________________
______________________________________
______________________________________
b.
What are your dates of coverage under the other policy?
START / / END / /
If you are still covered under the other policy, leave "END" blank.
2.
Agents shall list any other health insurance policies they have sold to the applicant.
a.
List policies sold which are still in force.
b.
List policies sold in the past five years which are no longer in force.
3.
In the case of a direct response issuer, a copy of the application or supplemental form, signed
by the applicant, and acknowledged by the insurer, must be returned to the applicant by the
insurer upon delivery of the policy.
4.
Upon determining that a sale will involve replacement of Medicare supplement coverage, any
issuer, other than a direct response issuer, or its agent, must furnish the applicant, prior to
issuance or delivery of the Medicare supplement policy or certificate, a notice regarding
replacement of Medicare supplement coverage. One copy of the notice signed by the
applicant and the agent, except where the coverage is sold without an agent, must be
provided to the applicant and an additional signed copy must be retained by the issuer. A
direct response issuer must deliver to the applicant at the time of the issuance of the policy
the notice regarding replacement of Medicare supplement coverage.
5.
The notice required by subsection 4 for an issuer must be provided in substantially the
following form in no less than twelve-point type:
NOTICE TO APPLICANT REGARDING REPLACEMENT OF
MEDICARE SUPPLEMENT INSURANCE
OR MEDICARE ADVANTAGE
[Insurance company's name and address]
SAVE THIS NOTICE! IT MAY BE IMPORTANT TO YOU IN THE FUTURE
According to [your application] [information you have furnished], you intend to terminate existing
Medicare supplement or Medicare Advantage insurance and replace it with a policy to be issued by
[Company Name] Insurance Company. Your new policy will provide thirty (30) days within which you
may decide without cost whether you desire to keep the policy.
You should review this new coverage carefully. Compare it with all accident and sickness coverage you
now have. If, after due consideration, you find that purchase of this Medicare supplement coverage is a
wise decision, you should terminate your present Medicare supplement or Medicare Advantage
coverage. You should evaluate the need for other accident and sickness coverage you have that may
duplicate this policy.
STATEMENT TO APPLICANT BY ISSUER, AGENT [BROKER OR OTHER REPRESENTATIVE]:
I have reviewed your current medical or health insurance coverage. To the best of my knowledge, this
Medicare supplement policy will not duplicate your existing Medicare supplement or, if applicable,
Medicare Advantage coverage because you intend to terminate your existing Medicare supplement
coverage or leave your Medicare Advantage plan. The replacement policy is being purchased for the
following reason (check one):
Additional benefits.
No change in benefits, but
lower premiums.
Fewer benefits and lower
premiums.
My plan has outpatient
prescription drug coverage and
I am enrolling in Part D.
Disenrollment from a Medicare
Advantage plan. Please explain
reason for disenrollment
[Optional only for Direct
Mailers].
Other. (please specify)
1.
Note: If the issuer of the Medicare supplement policy being applied for does not, or is
otherwise prohibited from imposing preexisting condition limitations, please skip to
statement 2 below. Health conditions which you may presently have (preexisting
conditions) may not be immediately or fully covered under the new policy. This could
result in denial or delay of a claim for benefits under the new policy, whereas a similar
claim might have been payable under your present policy.
2.
State law provides that your replacement policy or certificate may not contain new
preexisting conditions, waiting periods, elimination periods, or probationary periods. The
insurer will waive any time periods applicable to preexisting conditions, waiting periods,
elimination periods, or probationary periods in the new policy (or coverage) for similar
benefits to the extent such time was spent (depleted) under the original policy.
3.
If you still wish to terminate your present policy and replace it with new coverage, be
certain to truthfully and completely answer all questions on the application concerning
your medical and health history. Failure to include all material medical information on an
application may provide a basis for the company to deny any future claims and to refund
your premium as though your policy had never been in force. After the application has
been completed and before you sign it, review it carefully to be certain that all information
has been properly recorded. [If the policy or certificate is guaranteed issue, this
paragraph need not appear.]
Do not cancel your present policy until you have received your new policy and are sure that you want to
keep it.
(Signature of Agent, Broker or Other Representative)*
[Typed Name and Address of Issuer, Agent or Broker]
(Applicant's Signature)
(Date)
*Signature not required for direct response sales.
6.
Paragraphs 1 and 2 of the replacement notice (applicable to preexisting conditions) may be
deleted by an issuer if the replacement does not involve application of a new preexisting
condition limitation.