§ 687B.352 — Open enrollment period for Medicare supplemental policies required; prohibited acts; notice; treatment of Medicare supplemental policies purchased during open enrollment period for purposes relating to payment of commissions

Nevada § 687B.352

• Jurisdiction: Nevada
• Title 57: INSURANCE
• Ch. 687B: Contracts

Text

1. An insurer that issues a Medicare supplemental policy shall offer to a person currently insured under any such policy an annual open enrollment period commencing with the first day of the birthday month of the person and remaining open for at least 60 days thereafter, during which the person may purchase any Medicare supplemental policy made available by the insurer in this State that includes the same or lesser benefits. Innovative benefits, as described in 42 U.S.C. § 1395ss(p)(4)(B), must not be considered when determining whether a Medicare supplemental policy includes the same benefits as or lesser benefits than another such policy.
2. During the open enrollment period offered pursuant to subsection 1, an insurer shall not deny or condition the issuance or effectiveness, or discriminate in the price of coverage, of a Medicare supplemental policy based on the health status, claims experience, receipt of health care or medical condition of a person described in subsection 1.
3. At least 30 days before the beginning of the open enrollment period offered pursuant to subsection 1 but not more than 60 days before the beginning of that period, an insurer that issues a Medicare supplemental policy shall notify each person to whom the open enrollment period applies of:
(a) The dates on which the open enrollment period begins and ends and the rights of the person established by the provisions of this section; and
(b) Any modification to the benefits provided by the policy under which the person is currently insured or adjustment to the premiums charged for that policy.
4. An insurer or other person or entity shall not vary the commission associated with the purchase of Medicare supplemental policies during the open enrollment period offered pursuant to subsection 1, pay differential commissions associated with the purchase of Medicare supplemental policies during that open enrollment period or otherwise treat Medicare supplemental policies purchased during that open enrollment period differently for the purposes of commission for any reason, including, without limitation:
(a) Because the Medicare supplemental policy was purchased during the open enrollment period offered pursuant to subsection 1;
(b) Because the Medicare supplemental policy is classified as guaranteed issue under 42 U.S.C. § 1395ss or any other applicable federal or state law or regulations; or
(c) Because of the health status, claims experience, receipt of health care or medical condition of the insured.
5. An insurer or other person or entity must treat the purchase of a Medicare supplemental policy during the open enrollment period offered pursuant to subsection 1 in the same manner as the renewal of a Medicare supplemental policy for all purposes relating to the payment of a commission.
6. As used in this section, “Medicare supplemental policy” has the meaning ascribed to it in 42 C.F.R. § 403.205 and additionally includes policies offered by public entities that otherwise meet the requirements of that section.

Legislative History

(Added to NRS by 2021, 880 ; A 2023, 1095 )