                                 CODE OF VIRGINIA

ANNUAL OPEN ENROLLMENT PERIOD (§ 38.2-3611)

A. An insurer, health services plan, or health maintenance organization issuing
individual Medicare supplement policies or certificates in the Commonwealth,
including policies or certificates issued on an individual basis through a
non-employer group trust, plan, or association, shall offer to an individual
currently insured under any such policy or certificate an annual open enrollment
period commencing on the day of the individual&#8217;s birthday and remaining
open for at least 60 days thereafter, during which time the individual may
purchase any Medicare supplement policy made available by any insurer in the
Commonwealth that offers the same benefits as those provided by the current
coverage. Innovative benefits, as described in 42 U.S.C. &#xA7; 1395ss(p)(4)(B),
shall not be considered when determining whether a Medicare supplement policy
includes the same benefits as those provided by the previous coverage.

B. During the annual open enrollment period offered pursuant to this section, no
insurer, health services plan, or health maintenance organization shall deny or
condition the issuance or effectiveness, or discriminate in the price of
coverage, of a Medicare supplement policy based on the health status, claims
history, receipt of health care, or medical condition of an individual currently
insured under any such policy.

C. At least 15 days but not more than 30 days prior to the commencement of an
annual open enrollment period for an individual to whom the open enrollment
period established by the provisions of this section applies, the insurer,
health services plan, or health maintenance organization issuing a Medicare
supplement policy or certificate shall notify each such individual of:

   1. The dates on which the open enrollment period begins and ends;

   2. The rights of the individual during the open enrollment period; and

   3. Any modification of the benefits provided by the policy under which the
   individual is currently insured or adjustment of the premiums charged for that
   policy.

D. As used in this section, &#8220;Medicare supplement policy&#8221; includes
policies offered by public entities that otherwise meet the requirements of this
chapter.

HISTORY: 2025, cc. 530, 540.