Page:United States Statutes at Large Volume 108 Part 5.djvu/957

 PUBLIC LAW 103-432—OCT. 31, 1994 108 STAT. 4447 (B) in clause (iiiXD, by striking "another medicare" and inserting "a medicare", (C) in clause (iiiXD, by striking *such a policy" and inserting "a medicare supplemental policy", (D) in clause (iiiXII), by striking "another policy" and inserting "a medicare supplemental poUcy", and (E) by amending subclause (III) of clause (iii) to read as follows: "(III) If the statement required by clause (i) is obtained and indicates that the individual is entitled to any medical assistance under title XIX, the sale of the poHcy is not in violation of clause (i) (insofar as such clause relates to such medical assistance), if (aa) a State medicaid plan under such title pays the premiums for the policy, (bb) in the case of a qualified medicare beneficiary described in section 1905(p)(l), the policy provides for coverage of outpatient prescription drugs, or (cc) the only medical assistance to which the individual is entitied under the State plan is medicare cost sharing described in section 1905(p)(3)(A)(ii).". (3)(A) Section 1882(d)(3)(C) (42 U.S.C. 1395ss(d)(3)(C)) is amended— (i) by striking "the selling" and inserting "(i) the sale or issuance", and (ii) by inserting before the period at the end the following: ", (ii) the sale or issuance of a policy or plan described in subparagraph (A)(i)(I) (other than a medicare supplemental policy to an individual entitied to any medical assistance under title XIX) under which all the benefits are fully payable directiy to or on behalf of the individual without regard to other health benefit coverage of the individual but only if (for poUcies sold or issued more than 60 days after the date the statements are published or promulgated under subparagraph (D)) there is disclosed in a prominent manner as part of (or together with) the appHcation the applicable statement (specified under subparagraph (D)) of the extent to which benefits payable under the poUcy. or plan duplicate benefits under this title, or (iii) the sale or issuance of a policy or plan described in subparagraph (A)(i)(III) under which all the benefits are fully payable directly to or on behalf of the individual without regard to other health benefit coverage of the individual". (B) Section 1882(d)(3) (42 U.S.C. 1395ss(d)(3)) is amended by adding at the end the following: "(D)(i) If— "(I) within the 90-day period beginning on the date of the enactment of this subparagraph, the National Association of Insurance Commissioners develops (after consultation with consumer and insurance industry representatives) and submits to the Secretary a statement for each of the types of health insurance policies (other than medicare supplemental poUcies and including, but not limited to, as separate types of policies, policies paying directiy to the beneficiary fixed, cash benefits, and policies that limit benefit payments to specific diseases) which are sold or issued to persons entitied to health benefits under this title, of the extent to which benefits payable under the policy or plan duphcate benefits under this titfe, and

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