Page:United States Statutes at Large Volume 103 Part 2.djvu/973

 PUBLIC LAW 101-234—DEC. 13, 1989 103 STAT. 1983 forth in the revised NAIC Model Regulation or the revised Federal model standards (as the case may be) by the date specified in paragraph (1)(B) or (2)(B) (as the case may be). "(n)(l) Until the date specified in paragraph (4), in the case of a qualifying medicare supplemental policy described in paragraph (3) issued in a State— "(A) before the transition deadline, the policy is deemed to remain in compliance with the standards described in subsec- tion (b)(1)(A) only if the insurer issuing the policy complies with the transition provision described in paragraph (2), or "(B) on or after the transition deadline, the policy is deemed to be in compliance with the standards described in subsection (b)(1)(A) only if the insurer issuing the policy complies with the revised NAIC Model Regulation or the revised Federal model standards (as the case may be) before the date of the sale of the policy. In this paragraph, the term 'transition deadline' means 1 year after the date the Association adopts the revised NAIC Model Regulation or 1 year after the date the Secretary promulgates revised Federal model standards (as the case may be). "(2) The transition provision described in this paragraph is— "(A) such transition provision as the Association provides, by not later than December 15, 1989, so as to provide for an appropriate transition (i) to restore benefit provisions which are no longer duplicative as a result of the changes in benefits under this title made by the Medicare Catastrophic Coverage Repeal Act of 1989 and (ii) to eliminate the requirement of payment for the first 8 days of coinsurance for extended care services, or "(B) if the Association does not provide for a transition provi- sion by the date described in subparagraph (A), such transition provision as the Secretary shall provide, by January 1, 1990, so as to provide for an appropriate transition described in subpara- graph (A). "(3) In paragraph (1), the term 'qualifying medicare supplemental policy' means a medicare supplemental policy which has been issued in compliance with this section as in effect on the date before the date of the enactment of this subsection. "(4)(A) The date specified in this paragraph for a policy issued in a State is— "(i) the first date a State adopts, after the date of the enact- ment of this subsection, standards equal to or more stringent than the revised NAIC Model Regulation (or revised Federal < model standards), as the case may be, or "(ii) the date specified in subparagraph (B), whichever is earlier. "(B) In the case of a State which the Secretary identifies, in consultation with the Association, as— "(i) requiring State legislation (other than legislation appro- priating funds) in order for medicare supplemental policies to meet standards described in subparagraph (A)(i), but "(ii) having a legislature which is not scheduled to meet in 1990 in a legislative session in which such legislation may be considered, the date specified in this subparagraph is the first day of the first o calendar quarter beginning after the close of the first legislative session of the State legislature that begins on or after January 1,

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