Page:United States Statutes at Large Volume 110 Part 3.djvu/304

 110 STAT. 2034 PUBLIC LAW 104-191—AUG. 21, 1996 law, if the provision of State law imposes requirements, standeirds, or implementation specifications that are more stringent than the requirements, standards, or implementation specifications imposed under the regulation. (d) CONSULTATION.— In carrying out this section, the Secretary of Health and Human Services shall consult with— (1) the National Committee on Vital and Health Statistics established under section 306(k) of the Public Health Service Act (42 U.S.C. 242k(k)); and (2) the Attorney General. Subtitle G—Duplication and Coordination of Medicare-Related Plans SEC. 271. DUPLICATION AND COORDINATION OF MEDICARE-RELATED PLANS. (a) TREATMENT OF CERTAIN HEALTH INSURANCE POLICIES AS NONDUPLICATIVE.— Section 1882(d)(3)(A) (42 U.S.C. 1395ss(d)(3)(A)) is amended— (1) in clause (iii), by striking "clause (i)" and inserting "clause (i)(II)"; and (2) by adding at the end the following: "(iv) For purposes of this subparagraph, a health insurance policy (other thsin a Medicare supplemental policy) providing for benefits which are payable to or on behalf of an individual without regard to other health benefit coverage of such individual is not considered to 'duplicate' any health benefits under this title, under title XIX, or under a health insurance policy, and subclauses (I) and (III) of clause (i) do not apply to such a policy. "(v) For purposes of this subparagraph, a health insurance policy (or a rider to an insurance contract which is not a health insureince policy) is not considered to 'duplicate' health benefits ! under this title or under another health insurance policy if it— 1 "(I) provides health care benefits only for long-term care, ' nursing home care, home health care, or commxinity-based care, or any combination thereof, I "(II) coordinates against or excludes items and services available or paid for under this title or under another health insurance policy, and "(III) for policies sold or issued on or after the end of the 90-day period beginning on the date of enactment of the Health Insurance Portability and Accountability Act of 1996 discloses such coordination or exclusion in the policy's outline of coverage. For purposes of this clause, the terms 'coordinates' and 'coordination' mean, with respect to a policy in relation to health benefits under this title or under another health insurance policy, that the policy under its terms is secondary to, or excludes from pa3anent, items and services to the extent available or paid for under this title or under another health insurance policy. "(vi)(I) An individual entitled to benefits under part A or enrolled under part B of this title who is applying for a health insurance policy (other than a policy described in subclause (III)) shall be furnished a disclosure statement described in clause (vii) for the tj^e of policy being applied for. Such statement shall be

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