(d) If a certified policy is issued in a State that later has an approved regulatory program, as provided for in § 403.222, the insuring organization may display the emblem on the policy until the earliest of the following—
- (1) When prohibited by State law or regulation.
- (2) When the policy no longer meets the requirements for Medicare supplemental policies specified in § 403.206.
- (3) The date the insuring organization would be required to submit material to CMS for annual review in order to retain certification, if the State did not have an approved program (see § 403.239).