- (a) Except for permitted preexisting condition clauses as described in 23 CAR § 89-106(b)(1), 23 CAR § 89-107(b)(1), and 23 CAR § 89-108(b)(1), no policy or certificate may be advertised, solicited, or issued for delivery in the State of Arkansas as a Medicare supplement policy if the policy or certificate contains limitations or exclusions on coverage that are more restrictive than those of Medicare.
- (b) No Medicare supplement policy or certificate may use waivers to exclude, limit, or reduce coverage or benefits for specifically named or described preexisting diseases or physical conditions.
(c)
- (1) No Medicare supplement policy or certificate may include a policy fee or any other similar charge.
- (2) Applicants cannot be required to pay any fee other than the approved premium.
- (d) No Medicare supplement policy or certificate in force in the state shall contain benefits that duplicate benefits provided by Medicare.
(e)
- (1) Subject to 23 CAR § 89-106(b)(4), (5), and (7) and 23 CAR § 89-107(b)(4) and (5), a Medicare supplement policy with benefits for outpatient prescription drugs in existence prior to January 1, 2006, shall be renewed for current policyholders who do not enroll in Part D at the option of the policyholder.
- (2) A Medicare supplement policy with benefits for outpatient prescription drugs shall not be issued after December 31, 2005.
(3) After December 31, 2005, a Medicare supplement policy with benefits for outpatient prescription drugs may not be renewed after the policyholder enrolls in Medicare Part D unless:
- (A) The policy is modified to eliminate outpatient prescription coverage for expenses of outpatient prescription drugs incurred after the effective date of the individual’s coverage under a Part D plan; and
- (B) Premiums are adjusted to reflect the elimination of outpatient prescription drug coverage at the time of Medicare Part D enrollment, accounting for any claims paid, if applicable.