1. (a)

   1. (1) The Medicare Access and CHIP Reauthorization Act of 2015 (MACRA) requires the following standards, which are applicable to all Medicare supplement policies or certificates delivered or issued for delivery in this state to individuals newly eligible for Medicare on or after January 1, 2020.
   2. (2) No policy or certificate that provides coverage of the Medicare Part B deductible may be advertised, solicited, delivered, or issued for delivery in this state as a Medicare supplement policy or certificate to individuals newly eligible for Medicare on or after January 1, 2020.
   3. (3) All policies must comply with the following benefit standards.
   4. (4) Benefit plan standards applicable to Medicare supplement policies and certificates issued with an effective date of coverage before January 1, 2020, remain subject to the requirements of the Medicare Supplement Insurance Minimum Standards Act, Arkansas Code § 23-79-401 et seq.

2. (b) Benefit requirements. The standards and requirements of 23 CAR § 89-110 shall apply to all Medicare supplement policies or certificates delivered or issued for delivery to individuals newly eligible for Medicare on or after January 1, 2020, with the following exceptions:

   1. (1) Standardized Medicare supplement benefit Plan C is redesignated as Plan D and shall provide the benefits contained in 23 CAR § 89-110(f)(3) but shall not provide coverage for one hundred percent (100%) or any portion of the Medicare Part B deductible;
   2. (2) Standardized Medicare supplement benefit Plan F is redesignated as Plan G and shall provide the benefits contained in 23 CAR § 89-110(f)(5) but shall not provide coverage for one hundred percent (100%) or any portion of the Medicare Part B deductible;
   3. (3) Standardized Medicare supplement benefit Plans C, F, and F with High Deductible may not be offered to individuals newly eligible for Medicare on or after January 1, 2020;

   4. (4)

      1. (A) Standardized Medicare supplement benefit Plan F with High Deductible is redesignated as Plan G with High Deductible and shall provide the benefits contained in 23 CAR § 89-110(f)(6) but shall not provide coverage for one hundred percent (100%) or any portion of the Medicare Part B deductible.
      2. (B) Provided further that the Medicare Part B deductible paid by the beneficiary shall be considered an out-of-pocket expense in meeting the annual high deductible; and
   5. (5) The reference to Plans C or F contained in 23 CAR § 89-110(b)(2) is deemed a reference to Plans D or G for purposes of this section.

3. (c) Applicability to certain individuals. This section applies to only individuals that are newly eligible for Medicare on or after January 1, 2020, by reason of:

   1. (1) Attaining age sixty-five (65) on or after January 1, 2020; or
   2. (2) Entitlement to benefits under Part A pursuant to Section 226(b) or 226A of the Social Security Act or who are deemed to be eligible for benefits under Section 226(a) of the Social Security Act on or after January 1, 2020.
4. (d) Guaranteed issue for eligible persons. For purposes of 23 CAR § 89-114(e), in the case of any individual newly eligible for Medicare on or after January 1, 2020, any reference to a Medicare supplement policy C or F (including F with High Deductible) shall be deemed to be a reference to Medicare supplement policy D or G (including G with High Deductible), respectively, that meet the requirements of subsection (b) of this section.
5. (e) Applicability to waivered states. In the case of a state described in Section 1882(p)(6) of the Social Security Act (“waivered” alternative simplification states), the Medicare Access and CHIP Reauthorization Act of 2015 prohibits the coverage of the Medicare Part B deductible for any Medicare supplement policy sold or issued to an individual that is newly eligible for Medicare on or after January 1, 2020.
6. (f) Offer of redesignated plans to individuals other than newly eligible. On or after January 1, 2020, the standardized benefit plans described in subdivision (b)(4) of this section may be offered to any individual who was eligible for Medicare prior to January 1, 2020, in addition to the standardized plans described in 23 CAR § 89-110(f).

Codification Notes: The Medicare Access and CHIP Reauthorization Act of 2015 was enacted as Pub. L. No. 114-10. Section 226(b) of the Social Security Act is codified at 42 U.S.C. § 426(b). Section 226A of the Social Security Act is codified at 42 U.S.C. § 426-1. Section 226(a) of the Social Security Act is codified at 42 U.S.C. § 426(a). Section 1882(p)(6) of the Social Security Act is codified at 42 U.S.C. § 1395ss(p)(6).