Rule 120-2-8-.06. Policy Provisions

1. (1) Except for permitted preexisting condition clauses as described in Sections 120-2-8-.07(a)1. 120 -2-8-.08(1)(a), and Section 120-2-8-.08(5)(a) 1. of this regulation, no policy or certificate may be advertised, solicited or issued for delivery in this state as a Medicare supplement policy if the policy or certificate contains limitations or exclusions on coverage that are more restrictive than those of Medicare.
2. (2) 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.
3. (3) No Medicare supplement policy or certificate in force in the state shall contain benefits that duplicate benefits provided by Medicare.

4. (4)

   1. (a) Subject to Sections 120-2-8-.07(1)(d), (e) and (g), and 120-2-8-.08(1)(d) and (e) of this regulation 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. (b) A Medicare supplement policy with benefits for outpatient prescription drugs shall not be issued after December 31, 2005.

   3. (c) 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:

      1. 1. 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;
      2. 2. 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.

Authority: O.C.G.A. Secs. 33-2-9, 33-43-3 to 33-43-6.

History. Original Rule entitled "Prohibited Policy Provisions" adopted. F. Oct. 28, 1980; eff. Nov. 17, 1980.

Repealed: New Rule of same title adopted. F. Aug. 24, 1989; eff. Sept. 15, 1989.

Repealed: New Rule of same title adopted. F. Sept. 18, 1990; eff. Dec. 1, 1990, as specified by the Agency.

Repealed: New Rule entitled "Policy Provisions" adopted. F. July 9, 1992; eff. July 29, 1992.

Amended: ER. 120-2-8-0.4-.06 adopted. F. Apr. 30, 1996; eff. Apr. 28, 1996, as specified by the Agency.

Amended: Permanent Rule adopted. F. Sept. 6, 1996; eff. Sept. 26, 1996.

Repealed: New Rule of same title adopted. F. Apr. 7, 1999; eff. Apr. 27, 1999.

Repealed: New Rule of same title adopted. F. Aug. 19, 2005; eff. Sept. 8, 2005.

Amended: ER. 120-2-8-0.22-.06 of same title adopted. F. May 29, 2009; eff. June 1, 2009, as specified by the Agency.

Amended: Permanent Rule of same title adopted. F. Sept. 3, 2009; eff. Sept. 23, 2009.