- (a) The insurer shall not be required to issue a converted policy covering any person if such person is or could be covered by Medicare (Title XVIII of the United States Social Security Act as added by the Social Security Amendments of 1965 or as later amended or superseded).
(b) Furthermore, the insurer shall not be required to issue a converted policy covering any person if:
(1) Either:
- (A) Such person is covered for similar benefits by:
- (i) Another:
- (a) (a) Hospital, surgical, medical, or major medical expense insurance policy;
- (b) (b) Hospital or medical service subscriber contract; or
(c) (c) Medical practice or other prepayment plan; or
(ii) Any other plan or program;
- (B) Such person is eligible for similar benefits (whether or not covered therefor) under any arrangement of coverage for individuals in a group, whether on uninsured or uninsured basis; or
- (C) Similar benefits are provided for or available to such person, pursuant to or in accordance with the requirements of any state or federal law; and
(2)
- (A) The benefits provided under the sources referred to in subdivision (b)(1)(A) of this section for such person, or benefits provided or available under the sources referred to in subdivisions (b)(1)(B) and (C) of this section for such person, together with the benefits provided by the converted policy, would result in over-insurance according to the insurer's standards.
(B) The insurer's standards must:
- (i) Bear some reasonable relationship to actual healthcare costs in the area in which the insured lives at the time of conversion; and
- (ii) Be filed with the Insurance Commissioner prior to their use in denying coverage.