Page:United States Statutes at Large Volume 103 Part 3.djvu/518

 103 STAT. 2586 CONCURRENT RESOLUTIONS—NOV. 22, 1989 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- <i 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 calendar quarter beginning after the close of the first legislative session of the State legislature that begins on or after January 1, 1990. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. "(5) In the case of a medicare supplemental policy in effect on January 1, 1990, the policy shall not be deemed to meet the stand- ards in subsection (c) unless each individual who is entitled to benefits under this title and is a policyholder or certificate holder under such policy on such date is sent a notice in an appropriate form by not later than January 31, 1990, that explains— (A) the changes in benefits under this title effected by the Medicare Catastrophic Coverage Repeal Act of 1989, and "(B) how these changes may affect the benefits contained in such policy and the premium for the policy. "(6)(A) Except as provided in subparagraph (B), in the case of an individual who had in effect, as of December 31, 1988, a medicare supplemental policy with an insurer (as a policyholder or, in the case of a group policy, as a certificate holder) and the individual terminated coverage under such policy before the date of the enact- ment of this subsection, no medicare supplemental policy of the insurer shall be deemed to meet the standards in subsection (c) unless the insurer— "(i) provides written notice, no earlier than December 15, 1989, and no later than January 30, 1990, to the policyholder or ^ * certificate holder (at the most recent available address) of the fj offer described in clause (ii), and "(ii) offers the individual, during a period of at least 60 days beginning not later than February 1, 1990, reinstitution of coverage (with coverage effective as of January 1, 1990), under the terms which (I) do not provide for any waiting period with respect to treatment of pre-existing conditions, (II) provides for coverage which is substantially equivalent to coverage in effect before the date of such termination, and (III) provides for classification of premiums on which terms are at least as favor- able to the policyholder or certificate holder as the premium classification terms that would have applied to the policyholder or certificate holder had the coverage never terminated. "(B) An insurer is not required to make the offer under subpara- graph (A)(ii) in the case of an individual who is a policyholder or

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