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REFERENCE TITLE: medicare supplement insurance; ALS; ESRD |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HB 2433 |
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Introduced by Representative Bliss
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AN ACT
amending section 20-1133, arizona revised statutes; relating to medicare supplement insurance.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 20-1133, Arizona Revised Statutes, is amended to read:
20-1133. Medicare supplement insurance; early enrollment discounts; eligibility for additional conditions; applicability
A. The director shall adopt rules necessary to comply with the requirements of the social security disability amendments of 1980 (P.L. 96-265; 42 United States Code section 1395ss) and any federal laws or regulations pertaining to that section, so that this state may retain its full authority to regulate minimum standards for medicare supplement insurance.
B. For the purposes of this section, an insurer may file for medicare supplement insurance rates that include an early enrollment discount that will not be considered an attained age rating structure. An early enrollment discount shall diminish over a period of time and is only available to enrollees who purchase the plan within the early enrollment period designated by the insurer. Insurers shall disclose to all applicants how the early enrollment discount will diminish over time.
C. Subject to the other limitations provided in this subsection, a benefit mandated in this title for health insurance policies does not apply to medicare supplement insurance policies unless the mandated policy benefit is set forth in rules adopted pursuant to this section or unless the statute mandating the policy benefit expressly states that it is made specifically applicable to medicare supplement insurance policies. A medicare supplement insurance policy may not contain any exclusion for services provided by any type of properly licensed health care provider if the provider's services are eligible for medicare reimbursement and if the specific services in question would be covered by medicare. The scope of benefits of a medicare supplement policy may not be less than the minimum level of benefits established by federal law.
D. An insurer that offers medicare supplement insurance policies in this state to persons who are at least sixty-five years of age shall also offer medicare supplement insurance policies to persons who are eligible for and enrolled in medicare due to end-stage renal disease or amyotrophic lateral sclerosis. All benefits and coverages that are available to medicare enrollees who are at least sixty-five years of age must also be available to medicare enrollees who are under sixty-five years of age and who are enrolled due to end-stage renal disease or amyotrophic lateral sclerosis.
E. A medicare enrollee may enroll in a medicare supplement insurance policy at any time allowed or required by federal law or within six months after any of the following:
1. Enrolling in medicare part B or January 1, 2027 for an enrollee who is under sixty-five years of age and who is eligible for medicare due to end-stage renal disease or amyotrophic lateral sclerosis, whichever is later.
2. Receiving notice that the enrollee has been retroactively enrolled in medicare part B due to a retroactive eligibility decision made by the social security administration.
3. Termination of coverage under a group health insurance plan.
f. In addition to other enrollment periods provided by law, a person who is under sixty-five years of age and who is enrolled in medicare part b due to end-stage renal disease or amyotrophic lateral sclerosis on the effective date of this AMENDMENT to this section may apply for coverage under a medicare supplement insurance policy on or after December 2, 2025 and before June 1, 2027. If the person is unable to submit an application for coverage on or after December 2, 2025 and before June 1, 2027 because the application was not available and the person requested the application during that time period, the person may apply for coverage WITHIN six months after the date the application initially becomes available.
g. An insurer may not charge an enrollee who qualifies for medicare due to end-stage renal disease or amyotrophic lateral sclerosis and who is under sixty-five years of age a premium rate for a medical supplemental insurance benefit plan offered by the insurer that exceeds the insurer's rate schedule that is filed with the department for that PLAN and that is charged to enrollees who are sixty-five years of age.
D. H. Notwithstanding any other provision of this title, rules adopted pursuant to this section apply to insurance provided under disability insurance policies, under subscription contracts of hospital, medical, dental or optometric service corporations, under certificates of fraternal benefit societies, under evidences of coverage of health care services organizations and under coverages issued by any other insurer, which policies, contracts, certificates, membership coverages, evidences of coverage and coverages are delivered or issued for delivery in this state on or after the effective date of rules adopted pursuant to subsection A of this section. In adopting the rules required by subsection A of this section, the director shall prescribe an effective date of the rules that will allow insurers sufficient time to bring their forms and practices into compliance with the requirements of the rule.