23 CAR § 89-113 – Open enrollment

(a)
1. (1) An issuer shall not deny or condition the issuance or effectiveness of any Medicare supplement policy or certificate available for sale in Arkansas nor discriminate in the pricing of a policy or certificate because of the health status, claims experience, receipt of health care, or medical condition of an applicant in the case of an application for a policy or certificate that is submitted prior to or during the six-month period beginning with the first day of the first month in which an individual is both:
  1. (A) Sixty-five (65) years of age or older; and
  2. (B) Enrolled for benefits under Medicare Part B.
2. (2) Each Medicare supplement policy and certificate currently available from an insurer shall be made available to all applicants who qualify under this subsection without regard to age.
(b)
1. (1) If an applicant qualifies under subsection (a) of this section, submits an application during the time period referenced in subsection (a) of this section, and, as of the date of application, has had a continuous period of creditable coverage of at least six (6) months, the issuer shall not exclude benefits on a preexisting condition.
2. (2)
  1. (A) If the applicant qualifies under subsection (a) of this section, submits an application during the time period referenced in subsection (a) of this section, and, as of the date of application, has had a continuous period of creditable coverage that is less than six (6) months, the issuer shall reduce the period of preexisting condition exclusion by the aggregate of the period of creditable coverage applicable to the applicant as of the enrollment date.
  2. (B) The Secretary of the United States Department of Health and Human Services shall specify the manner of the reduction under this subsection.
(c) Except as provided in subsection (b) of this section and 23 CAR §§ 89-114 and 89-125, subsection (a) of this section shall not be construed as preventing the exclusion of benefits under a policy during the first six (6) months based on a preexisting condition for which the policyholder or certificate holder received treatment or was otherwise diagnosed during the six (6) months before the coverage became effective.
(d) On the application immediately above the first health question, the following statement should be inserted: “Under Open Enrollment, health questions are not required to be answered.”