Florida Insurance Commissioner Directs Insurers To Comply With Alonzo Mourning Access To Care Act For Medicare Supplement Policies
Oct 9, 2009
Florida Insurance Commissioner Kevin McCarty has directed insurers that have not yet filed or received approval for rates that are compliant with the “Alonzo Mourning Access to Care Act” (“Act”) to use their current rates for the same Medicare supplement coverage offered for those 65 years of age. This measure, which was announced in the October 8, 2009 Florida Office of Insurance Regulation press release reprinted below, is expected to ensure the statutory coverage provided by the Act is offered to those under 65 until the outstanding rates are approved.
By amending Section 627.6741, F.S. in 2009, the Act extended open enrollment rights and requires insurers issuing Medicare supplement policies in Florida also to offer coverage to those individuals under age 65 years of age and eligible for Medicare by reason of disability or end-stage renal disease. The individual must be enrolled in Medicare Part B. An insurer may not exclude benefits for individuals eligible by disability or end-stage renal disease based on a pre-existing condition if the individual has a continuous period of creditable coverage.
To view the OIR’s applicable informational memorandum OIR-09-05M issued on August 12, 2009, click here.
Should you have any questions or comments, please contact Colodny Fass.
Insurance Commissioner McCarty Orders Insurers to Use Current Medicare Rates to Comply with Recent Legislation
Oct. 8, 2009
TALLAHASSEE, Fla. – Insurance Commissioner Kevin McCarty today issued orders to insurance companies that have not had approved new rates to comply with recent legislation that requires insurers to offer Medicare supplement policies for individuals under 65 years of age who are eligible for and enrolled in Medicare by reason of disability or end-stage renal disease.
The legislation, House Bill 675, Chapter 2009-141, Laws of Florida, required companies to begin offering this coverage to eligible persons under 65 years of age on Oct. 1, 2009. The orders sent today require companies that have not yet filed rates or had their rates approved for this new coverage to use their current rates in place for the same Medicare coverage offered for those 65 years of age. This measure will ensure coverage is offered to those under 65 until the companies file and obtain approval of their new rates.
“The bill was signed into law in June and clearly states this coverage will be made available to Floridians under age 65,” remarked Commissioner Kevin McCarty. “Companies should have filed the new rate for this coverage well in advance of the October 1 open enrollment date. There is no excuse for not offering the coverage.”
The enrollment period will be for six months. The Office of Insurance Regulation sent an Informational Memorandum on Aug. 12 to all Life and Health Insurers and provided notification of House Bill 675 and the changes made to Sections 627.671 and 627.6741, Florida Statutes.
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