Page:United States Statutes at Large Volume 103 Part 2.djvu/972

 103 STAT. 1982 PUBLIC LAW 101-234—DEC. 13, 1989 (1) IN GENERAL.— Section 1882 of the Social Security Act (42 U.S.C. 1395ss), as amended by section 221(d) of MCCA, is amended— (A) in the third sentence of subsection (a) and in subsec- tion (b)(1), by striking "subsection (k)(3)" and inserting "subsections (k)(3), (k)(4), (m), and (n)"; (B) in subsection (k)— (i) in paragraph (1)(A), by inserting "except as pro- vided in subsection (m)," before "subsection (g)(2)(A)", and (ii) in paragraph (3), by striking "subsection (1)" and inserting "subsections (1), (m), and (n)"; and (C) by adding at the end the following new subsections: State and local "(m)(l)(A) If, within the 90-day period beginning on the date of the governments. enactment of this subsection, the National Association of Insurance Commissioners (in this subsection and subsection (n) referred to as the 'Association') revises the amended NAIC Model Regulation (re- ferred to in subsection (k)(l)(A) and adopted on September 20, 1988) to improve such regulation and otherwise to reflect the changes in law made by the Medicare Catastrophic Coverage Repeal Act of 1989, 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 amended NAIC Model Regulation (referred to in subsection (k)(l)(A)) as revised by the Association in accordance with this paragraph (in this subsection and subsection (n) referred to as the 'revised 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 revised NAIC Model Regulation or 1 year after the date the Association first adopts such revised Regulation. "(2)(A) If the Association does not revise the amended NAIC Model Regulation, within the 90-day period specified in paragraph (1)(A), the Secretary shall promulgate, not later than 60 days after the end of such period, revised Federal model standards (in this subsection and subsection (n) referred to as 'revised Federal model standards') for medicare supplemental policies to improve such standards and otherwise to reflect the changes in law made by the Medicare Catastrophic Coverage Repeal Act of 1989, 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 revised Federal model standards. "(B) The date specified in this subparagraph for a State is the earher of the date the State adopts standards equal to or more stringent than the revised 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 (n))— "(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)(1)(A), unless such policy meets (or such program provides for the applica- tion of standards equal to or more stringent than) the standards set

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