Page:United States Statutes at Large Volume 102 Part 1.djvu/782

 102 STAT. 744 state and local governments.

State and local governments.

PUBLIC LAW 100-360—JULY 1, 1988

"(k)(l)(A) If, within the 90-day period beginning on the date of the enactment of this subsection, the National Association of Insurance Commissioners (in this subsection referred to as the 'Association') amends the NAIC Model Emulation adopted on June 6, 1979 (as it relates to medicare supplemental policies), with respect to matters such as minimum benefit standards, loss ratios, disclosure requirements, and replacement requirements and provisions otherwise necessary to reflect the changes in law made by the Medicare Catastrophic Coverage Act of 1988, subsection (g)(2)(A) shall be applied in a State, effective on and after the date specified in subparagraph (B), as if the reference to the Model Regulation adopted on June 6, 1979, were a reference to the Model Regulation as amended by the Association in accordance with this paragraph (in this subsection and subsection (1) referred to as the 'amended NAIC Model Regulation'). "(B) The date specified in this subparagraph for a State is the earlier of the date the State adopts standards equal to or more stringent than the amended NAIC Model Regulation or 1 year after the date the Association first adopts such amended Regulation. "(2)(A) If the Association does not amend the NAIC Model Regulation within the 90-day period specified in paragraph (I)(A), the Secretary shall promulgate, not later than 60 days after the end of such period, Federal model standards (in this subsection and subsection (1) referred to as Federal model standards') for medicare supplemental policies to reflect the changes in law made by the Medicare Catastrophic Coverage Act of 1988, and subsection (g)(2)(A) shall be applied in a State, effective on and after the date specified in subparagraph (B), as if the reference to the Model Regulation adopted on June 6, 1979, were a reference to Federal model standards. "(B) The date specified in this subparagraph for a State is the earlier of the date the State adopts standards equal to or more stringent than the Federal model standards or 1 year after the date the Secretary first promulgates such standards. "(3) Notwithstanding any other provision of this section (except as provided in subsection (1))-— "(A) no medicare supplemental policy may be certified by the Secretary pursuant to subsection (a), "(B) no certification made pursuant to subsection (a) shall remain in effect, and "(C) no State regulatory program shall be found to meet (or to continue to meet) the requirements of subsection (b)(l)(A), unless such policy meets (or such program provides for the application of standards equal to or more stringent than) the standards set forth in the amended NAIC Model R^^lation or the Federal model standards (as the case may be) by the date specified in paragraph (I)(B) or (2)(B) (as the case may be). "(IXD Until the date specified in paragraph (3), in the case of a qualifying medicare supplemental policy described in paragraph (2) issued— "(A) before January 1, 1989, the policy is deemed to remain in compliance with this section if the insurer issuing the policy complies with the NAIC Model Transition Regulation (including giving notices to subscribers and filing for premium adjustments with the State as described in section 5.B. of such Regulation) by January 1, 1989; or

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