Section 45-06-01.1-09 - Open enrollment1. Any issuer may not deny or condition the issuance or effectiveness of any medicare supplement policy or certificate available for sale in this state, or discriminate in the pricing of such a policy or certificate because of the health status, claims experience, receipt of health care, or medical condition of an applicant in the case of an application for a policy or certificate that is submitted prior to or during the six-month period beginning with the first day of the first month in which an individual is both sixty-five years of age or older and is enrolled for benefits under medicare part B. Each medicare supplement policy and certificate currently available from an insurer must be made available to all applicants who qualify under this subsection without regard to age. 2.a. If an applicant qualifies under subsection 1 and submits an application during the time period referenced in subsection 1 and, as of the date of application, has had a continuous period of creditable coverage of at least six months, the issuer may not exclude benefits based on a preexisting condition. b. If the applicant qualifies under subsection 1 and submits an application during the time period referenced in subsection 1 and, as of the date of application, has had a continuous period of creditable coverage that is less than six months, the issuer shall reduce the period of any preexisting condition exclusion by the aggregate of the period of creditable coverage applicable to the applicant as of the enrollment date. The secretary shall specify the manner of the reduction under this subsection. 3. Except as provided in subsection 2 and sections 45-06-01.1-09.1 and 45-06-01.1-20, subsection 1 may not be construed as preventing the exclusion of benefits under a policy, during the first six months, based on a preexisting condition for which the policyholder or certificate holder received treatment or was otherwise diagnosed during the six months before the coverage became effective. N.D. Admin Code 45-06-01.1-09
Effective January 1, 1992; amended effective July 8, 1997; August 27, 1998; September 1, 2005.General Authority: NDCC 26.1-36.1-02(1 )(2), 26.1-36.1-03
Law Implemented: NDCC 26.1-36.1-02