Page:United States Statutes at Large Volume 111 Part 1.djvu/308

 Ill STAT. 284 PUBLIC LAW 105-33—AUG. 5, 1997 " (2) DURING CONTINUOUS OPEN ENROLLMENT PERIODS.— An election or change of coverage made under subsection (e)(2) shall take effect with the first day of the first calendar month following the date on which the election is made. "(3) ANNUAL, COORDINATED ELECTION PERIOD.— An election or change of coverage made during an annual, coordinated election period (as defined in subsection (e)(3)(B)) in a year shall take effect as of the first day of the following year. "(4) OTHER PERIODS.— An election or chsinge of coverage made during any other period under subsection (e)(4) shall take effect in such manner as the Secretary provides in a manner consistent (to the extent practicable) with protecting continuity of health benefit coverage. "(g) GUARANTEED ISSUE AND RENEWAL.— "(1) IN GENERAL.— Except as provided in this subsection, a Medicare+Choice organization shall provide that at any time during which elections are accepted under this section with respect to a Medicare+Choice plan offered by the organization, the organization will accept without restrictions individuals who are eligible to make such election. "(2) PRIORITY. —If the Secretary determines that a Medicare+Choice organization, in relation to a Medicare+Choice plan it offers, has a capacity limit and the number of Medicare+Choice eligible individuals who elect the plan under this section exceeds the capacity limit, the organization may limit the election of individuals of the plan under this section but only if priority in election is provided— "(A) first to such individuals as have elected the plan at the time of the determination, and "(B) then to other such individuals in such a manner that does not discriminate, on a basis described in section 1852(b), among the individuals (who seek to elect the plan). The preceding sentence shall not apply if it would result in the enrollment of enrollees substantially nonrepresentative, as determined in accordance with regulations of the Secretary, of the medicare population in the service area of the plan. " (3) LIMITATION ON TERMINATION OF ELECTION.— "(A) IN GENERAL.— Subject to subparagraph (B), a Medicare+Choice organization may not for any reason terminate the election of any individual under this section for a Medicare+Choice plan it offers. " (B) BASIS FOR TERMINATION OF ELECTION.—A Medicare+Choice organization may terminate an individual's election under this section with respect to a Medicare+Choice plan it offers if— "(i) any Medicare+Choice monthly basic and supplemental beneficiary premiums required with respect to such plan are not paid on a timely basis (consistent with standards under section 1856 that provide for a grace period for late pa3anent of such premiums), " (ii) the individual has engaged in disruptive behavior (as specified in such standards), or "(iii) the plan is terminated with respect to all individuals under this part in the area in which the individual resides. "(C) CONSEQUENCE OF TERMINATION.—

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