- (a) Except for permitted preexisting condition clauses described in 3 AAC 28.450, 3 AAC 28.453, and 3 AAC 28.454, a policy or certificate may not be advertised, solicited, or issued for delivery in this state as a medicare supplement policy if that policy or certificate contains limitations or exclusions on coverage that are more restrictive than those of medicare.
- (b) A medicare supplement policy or certificate in force in this state may not contain benefits that duplicate benefits provided by medicare.
- (c) A medicare supplement policy or certificate may not exclude, limit, or reduce coverage or benefits for specifically named or described preexisting diseases or physical conditions.
- (d) Reserved.
- (e) A medicare supplement policy or certificate may not contain the terms "Medicare Supplement," or "Medigap," or words of similar import, unless the policy or certificate is issued in compliance with 3 AAC 28.410 - 3 AAC 28.510.
- (f) Subject to 3 AAC 28.450(a)(6) and (7), (d), (f), and (i), and 3 AAC 453(b)(4) and (5), an issuer shall renew, at the option of the policyholder, a medicare supplement policy that includes benefits for outpatient prescription drugs and that was issued before January 1, 2006, if the policyholder does not enroll in medicare Part D.
- (g) After December 31, 2005, an issuer may not issue a medicare supplement policy that includes benefits for outpatient prescription drugs.
(h) After December 31, 2005, an issuer may not renew a medicare supplement policy that includes benefits for outpatient prescription drugs if the policyholder enrolls in medicare Part D unless the
- (1) policy is modified to remove coverage for outpatient prescription drug expenses incurred by the policyholder after the effective date of policyholder's coverage under medicare Part D; and
- (2) premium for the modified policy is adjusted to reflect the removal of the outpatient prescription drug coverage.
(Eff. 3/26/82, Register 81; am 8/8/90, Register 115; am 7/1/92, Register 122; am 9/4/2005, Register 175; am 9/19/2009, Register 191)
Authority: AS 21.06.090, AS 21.42.130, AS 21.96.060