SEC. 83-9-103. Regulations to be issued by commissioner.
(1) The commissioner shall adopt reasonable regulations to establish specific standards for policy provisions of Medicare supplement policies and certificates. Such standards shall be in addition to and in accordance with applicable laws of this state including Sections 83-9-1 through 83-9-21, Mississippi Code of 1972. No requirement of the insurance code relating to minimum required policy benefits, other than the minimum standards contained in Secs. 83-9-101 through 83-9-115, shall apply to Medicare supplement policies and certificates. The standards may cover, but not be limited to:
(a) Terms of renewability;
(b) Initial and subsequent conditions of eligibility;
(c) Nonduplication of coverage;
(d) Probationary periods;
(e) Benefit limitations, exceptions and reductions;
(f) Elimination periods;
(g) Requirements for replacement;
(h) Recurrent conditions; and
(i) Definitions of terms.
(2) The commissioner may adopt reasonable regulations that specify prohibited policy provisions not otherwise specifically authorized by statute which, in the opinion of the commissioner, are unjust, unfair or unfairly discriminatory to any person insured or proposed to be insured under a Medicare supplement policy or certificate.
(3) Notwithstanding any other provisions of law, a Medicare supplement policy or certificate shall not exclude or limit benefits for losses incurred more than six (6) months from the effective date of coverage because it involved a preexisting condition. The policy or certificate shall not define a preexisting condition more restrictively than a condition for which medical advice was given or treatment was recommended by or received from a physician within six (6) months before the effective date of coverage.
(4) The commissioner may adopt such reasonable regulations as are necessary to conform Medicare supplement policies and certificates to the requirements of federal law and regulations promulgated thereunder, including but not limited to:
(a) Requiring refunds or credits if the policies or certificates do not meet loss ratio requirements:
(b) Establishing a uniform methodology for calculating and reporting loss ratios;
(c) Assuring public access to policies, premiums and loss ratio information of issuers of Medicare supplement insurance;
(d) Establishing a process for approving or disapproving policy forms and certificate forms and proposed premium increases; and
(e) Establishing a policy for holding public hearings prior to approval of premium increases.
(5) No Medicare supplement policy or certificate in force in the State shall contain benefits that duplicate benefits provided by Medicare.
SOURCES: Laws, 1981, ch. 433, Sec. 2, eff from and after October 1, 1981. Laws, 1992, ch. 337 Sec. 3, eff from and after passage (approved April 20, 1992).