Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 1A of chapter 176A of the General Laws, as appearing in the 1986 Official Edition, is hereby amended by adding the following two paragraphs:-

All nonprofit hospital service corporations governed by this chapter which offer supplemental coverage to medicare, shall provide open enrollment for nongroup subscribers to medicare supplemental coverage, commencing on February first and ending March thirty-first of each year, for coverage to be effective June first of that year; provided, however, that nothing contained herein shall preclude additional periods of open enrollment for subscribers to medicare supplemental coverage.

Any such corporation shall make available each type of medicare supplemental coverage allowed by the commissioner of insurance to any resident of the commonwealth whose coverage under a medicare program offered by a health maintenance organization licensed under chapter one hundred and seventy-six G has been cancelled because the health maintenance organization's contract with medicare has been terminated. Such coverage shall be offered without any waiting periods or exclusions for pre-existing conditions and shall become effective on the date that coverage is cancelled.

SECTION 2. Section 10 of said chapter 176A, as so appearing, is hereby amended by inserting after the first paragraph the following paragraph:-

The open enrollment period and coverage effective date for any group hospital service plan contract providing supplemental coverage to medicare shall be the same as the open enrollment period of all other group health plan options offered by the employer, representative or group sponsor to the group's members who are eligible for medicare supplemental coverage.

SECTION 3. Section 4 of chapter 176B of the General Laws, as so appearing, is hereby amended by inserting after the third paragraph the following two paragraphs:-

All medical service corporations governed by this chapter which offer supplemental coverage to medicare shall provide open enrollment for nongroup subscribers to medicare supplemental coverage, commencing on February first and ending March thirty-first of each year, for coverage to be effective June first of that year; provided, however, that nothing contained herein shall preclude additional periods of open enrollment for subscribers to medicare supplemental coverage.

Any such corporation shall make available each type of medicare supplemental coverage allowed by the commissioner of insurance to any resident of the commonwealth whose coverage under a medicare program offered by a health maintenance organization licensed under chapter one hundred and seventy-six G has been cancelled because the health maintenance organization's contract with medicare has been terminated. Such coverage shall be offered without any waiting periods or exclusions for pre-existing conditions and shall become effective on the date that the coverage is cancelled.

SECTION 4. Said section 4 of said chapter 176B, as so appearing, is hereby further amended by inserting after the fifth paragraph the following paragraph:-

The open enrollment period and coverage effective date for any group medical service plan contract providing supplemental coverage to medicare shall be the same as the open enrollment period of all other group health plan options offered by the employer, representative or group sponsor to the group's members who are eligible for medicare supplemental coverage.

SECTION 5. Chapter 176G of the General Laws is hereby amended by inserting after section 17 the following section:-

Section 17A. All health maintenance organizations governed by this chapter which enroll medicare beneficiaries shall provide open enrollment for nongroup medicare beneficiaries commencing on February first and ending March thirty-first of each year, for coverage to be effective not later than ninety days from the date of enrollment; provided, however, that nothing contained herein shall preclude additional periods of open enrollment for medicare beneficiaries.

The open enrollment period and coverage effective date for any group health maintenance organization contract covering medicare beneficiaries shall be the same as the open enrollment period of all other group health plan options offered by the employer, representative or group sponsor to the group's members who are eligible for medicare supplemental coverage.

Any such health maintenance organization whose contract with medicare is being terminated shall give each resident of the commonwealth who is covered under a medicare program offered by such health maintenance organization and each nonprofit hospital service corporation and medical service corporation in the commonwealth sixty days notice prior to such termination. Any such health maintenance organization shall cooperate fully in the prompt transfer of coverage to any organization which will assume such coverage.