Nebraska Administrative Code › Topic - INSURANCE, DEPARTMENT OF › Title 210 - NEBRASKA DEPARTMENT OF INSURANCE › Chapter 36 - REGULATION TO IMPLEMENT THE MEDICARE SUPPLEMENT INSURANCE MINIMUM STANDARDS ACT › Section 210-36-001

Current through June 17, 2024
The Department of Insurance (Department) hereby adopts the
				  National Association of Insurance Commissioners (NAIC) model regulation, titled
				  "Model Regulation to Implement the NAIC Medicare Supplement Insurance Minimum
				  Standards Model Act" (hereinafter "model"), adopted by the NAIC on August 29,
				  2016 (as published in the 1st quarter of 2018 by the
				  NAIC Model Regulation Service) and as recognized in the Federal Register on
				  September 1, 2017 with the following notes, exceptions and additions:
001.01 This regulation is adopted pursuant to
				the authority vested in the Director under Neb. Rev. Stat. §§
									44-3601
				through
				44-3610,
				specifically §
									44-3609.
001.02 For purposes of the insertion of
				relevant dates of adoption that are bracketed throughout the model, the
				Department has previously approved standards for "Pre-Standardized Medicare
				Supplement Benefit Plans," "Pre-Standardized Benefit Plan," and
				"Pre-Standardized plan" that were issued prior to June 1, 1992. It also
				previously approved the standards for "1990 Standardized Medicare supplement
				benefit plan," "1990 Standardized benefit plan" or "1990 plan" that were issued
				on or after June 1, 1992 but before June 1, 2010. This approval also included
				Medicare supplement insurance policies and certificates renewed on or after
				that date which are not replaced by the issuer at the request of the insured.
				The Department also approved standards for "2010 Standardized Medicare
				supplement benefit plan," "2010 Standardized benefit plan" or "2010 plan" for
				an effective date for coverage on or after June 1, 2010. Those standards remain
				in effect and are incorporated by reference in this regulation via the NAIC
				model.
001.03 In Section 8A(7)(c)
				of the model, the last sentence is amended to read "If suspension occurs and if
				the policyholder or certificate holder loses coverage under the group health
				plan, the policy shall automatically re-instituted (effective as of the date of
				loss of coverage) if the policyholder provides notice of loss of coverage
				within ninety (90) days after the date of the loss and pays the premium
				attributable to the period, effective as of the date of termination of
				entitlement."
001.04 In Section 8.1
				of the model, the last sentence of the introductory paragraph is amended to
				read as follows: "Benefit standards applicable to Medicare supplement policies
				and certificates issued with an effective date for coverage prior to June 1,
				2010 remain subject to the requirements of this regulation as it existed before
				June 1, 2010."
001.05 In Section
				12B(1) of the model, the paragraph is amended to read as follows: "The
				individual is enrolled under an employee welfare plan that provides health
				benefits that supplement the benefits under Medicare; and the plan terminates,
				or the plan ceases to provide all such supplemental health benefits to the
				individual; or an individual is enrolled, due to current employment, under an
				employee welfare benefit plan that pays benefits secondary to Medicare, and the
				individual loses eligibility for coverage under the plan.
001.06 Additionally, when a policy or
				certificate is delivered by an agent, a receipt of delivery of the policy or
				certificate, shall be signed by the agent and applicant, at the time of
				delivery of the policy, if hand delivered. A copy of the delivery receipt will
				be provided to the applicant and a copy retained by the agent.