Page:United States Statutes at Large Volume 108 Part 5.djvu/961

 PUBLIC LAW 103-432—OCT. 31, 1994 108 STAT. 4451 (1) Section 1804 (42 U.S.C. 1395b-2) is amended— (A) by adding at the end of the heading the following: "; MEDICARE AND MEDIGAP INFORMATION", (B) by inserting "(a)" after "1804.", and (C) by adding at the end the following new subsection: "(b) The Secretary shall provide information via a toll-free telephone number on the programs under this title.". (2) Section 1882(f) (42 U.S.C. 1395ss(f)) is amended by adding at the end the following new paragraph: "(3) The Secretary shall provide information via a toll-free telephone number on medicare supplemental policies (including the relationship of State programs under title XIX to such policies).". (3) Section 1889 is repealed. (k) MAILING OF POLICIES. —Section 1882(d)(4) (42 U.S.C. 1395ss(d)(4)) is amended— (1) in subparagraph (D), by striking ", if such policy" and all that follows up to the period at the end, and (2) by adding at the end the following new subparagraph: "(E) Subparagraph (A) shall not apply in the case of an issuer who mails or causes to be mailed a policy, certificate, or other matter solely to comply with the requirements of subsection (q).". (1) EFFECTIVE DATE.—The amendments made by this section shall be effective as if included in the enactment of OBRA-1990; except that— (1) the amendments made by subsection (d)(1) shall take effect on the date of the enactment of this Act, but no penalty shall be imposed under section 1882(d)(3)(A) of the Social Security Act (for an action occurring after the effective date of the amendments made by section 4354 of OBRA-1990 and before the date of the enactment of this Act) with respect to the sale or issuance of a policy which is not unlawful under section 1882(d)(3)(A)(i)(II) of the Social Security Act (as amended by this section); (2) the amendments made by subsection (d)(2)(A) and by subparagraphs (A), (B), and (E) of subsection (e)(1) shall be effective on the date specified in subsection (m)(4); and ^, (3) the amendment made by subsection (g)(2) shall take effect on January 1, 1995, and shall apply to individuals who attain 65 years of age or older on or after the effective date of section 1882(s)(2) of the Social Security Act (and, in the case of individuals who attained 65 years of age after such effective date and before January 1, 1995, and who were not covered under such section before January 1, 1995, the 6- month period specified in that section shall begin January 1, 1995). (m) TRANSITION PROVISIONS.— (1) IN GENERAL. —I f the Secretary of Health and Human Services identifies a State as requiring a change to its statutes or regulations to conform its regulatory program to the changes made by this section, the State regulatory program shall not be considered to be out of compliance with the requirements of section 1882 of the Social Security Act due solely to failure to make such change until the date specified in paragraph (4). (2) NAIC STANDARDS.—If, within 6 months after the date of the enactment of this Act, the National Association of Insurance Commissioners (in this subsection referred to as the Communications. 42 USC 1395SS note. 42 USC 1395SS note. 79-194 O—95—31: QL 3 Part 5

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