                                 CODE OF VIRGINIA

MEDICARE SUPPLEMENT POLICIES FOR PERSONS ELIGIBLE BY REASON OF DISABILITY (§
38.2-3610)

A. An insurer, health services plan, or health maintenance organization issuing
Medicare supplement policies or certificates in the Commonwealth, including
policies or certificates issued on an individual or group basis or through a
group trust, shall offer the opportunity of enrolling in at least one of its
issued Medicare supplement policies or certificates to any individual who
resides in the Commonwealth, is under 65 years of age, is eligible for Medicare
by reason of disability, as defined by 42 U.S.C. § 426(b) or 42 U.S.C. §
426-1, and is enrolled in Medicare Part A and B, or will be so enrolled by the
effective date of coverage. Such Medicare supplement policies or certificates
shall be issued on a guaranteed renewable basis under which the insurer shall be
required to continue coverage as long as premiums are paid on the policy or
certificate. Such Medicare supplement policies or certificates shall be offered:

   1. Upon the request of the individual during the six-month period beginning
   with the first month in which the individual is eligible for Medicare by
   reason of a disability. For those persons who are retroactively enrolled in
   Medicare Part B due to a retroactive eligibility decision made by the Social
   Security Administration, the application must be submitted within a six-month
   period beginning with the month in which the person receives notification of
   the retroactive eligibility decision; or

   2. Upon the request of the individual during the 63-day period following
   voluntary or involuntary termination of coverage under a group health plan.

B. The six-month period to enroll in a Medicare supplement policy or certificate
for an individual who is under 65 years of age and is eligible for Medicare by
reason of disability under 42 U.S.C. &#xA7; 426(b) and otherwise eligible under
subsection A and first enrolled in Medicare Part B before January 1, 2021, shall
begin on January 1, 2021. The six-month period to enroll in a Medicare
supplement policy or certificate for an individual who is under 65 years of age
and is eligible for Medicare by reason of disability under 42 U.S.C. &#xA7;
426-1 and otherwise eligible under subsection A and first enrolled in Medicare
Part B before January 1, 2024, shall begin on January 1, 2024.

C. A Medicare supplement policy or certificate issued to an individual under
subsection A shall not exclude benefits based on a preexisting condition if the
individual has a continuous period of creditable coverage of at least six months
as of the effective date of coverage.

D. Effective January 1, 2024, an insurer shall not charge individuals who become
eligible for Medicare by reason of disability and who are under 65 years of age
premium rates for any Medicare supplement policy or certificate offered by the
issuer that exceed the premium rates charged for such plan to individuals who
are 65 years of age.

E. For purposes of this section, &#8220;creditable coverage&#8221; and
&#8220;group health plan&#8221; have the same meanings ascribed to the terms in
&#xA7; 38.2-3431.

HISTORY: 2020, c. 1161; 2023, cc. 371, 372.