Bulletin providing guidance on implementation of the "birthday rule" in Ch. 35

[LOGO] Mark Gordon Governor THE STATE OF WYOMING Department of Insurance 106 E. 6th Ave. • Cheyenne, Wyoming 82002 Jeffrey P. Rude Commissioner # BULLETIN NO. 06-2025 TO: All Health Insurers Writing Medicare Supplement Products in Wyoming FROM: Jeffrey P. Rude, Wyoming Insurance Commissioner DATE: June 27, 2025 SUBJECT: Further Clarification on Updates to Wyoming Insurance Regulation Ch. 35: Medicare Supplement Insurance The purpose of this bulletin is to provide further clarification regarding the updates to Wyoming Insurance Regulation - Chapter 35: Medicare Supplement Insurance (“the regulation”). This guidance specifically involves the guaranteed issue period now available for a period of sixty-three (63) days after the insured’s birthday, referred to as the “birthday rule,” that was implemented pursuant to the most recent changes to Chapter 35. The most recent revisions to Chapter 35 were effective June 4, 2025. On June 5, 2025, a memorandum was issued by the Department advising that the regulation had been updated, and that the birthday rule was now in effect. The birthday rule allows for an additional guaranteed issue period that begins annually on the insured’s birthday and ends sixty-three days later. Since issuance of the June 5, 2025 memorandum, the Department has received multiple inquiries regarding the timing of the insured’s birthday, and the implementation of the regulation. It is the Department’s position that if a policyholder had their birthday on or before adoption of the birthday rule on June 4, 2025, but were still within the 63-day guaranteed issue window, the insured would be eligible for the birthday rule guaranteed issue period until the conclusion of the sixty-third day after the insured’s birthday. If there are any questions regarding any of the above information, please feel free to contact the Department at 307-777-7401. Administration (307) 777-7401 • Fax (307) 777-2446 • https://doi.wyo.gov/ • Licensing (307) 777-7319 • Consumer Affairs (307) 777-7402