Sec. 2. Guaranteed issue
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Section 1882(s) of the Social Security Act ( 42 U.S.C. 1395ss(s) ) is amended to read as follows: Subject to paragraph (2), the issuer of a medicare supplemental policy may not, in the case of an individual entitled to benefits under part A and enrolled under part B— deny or condition the issuance or effectiveness of a medicare supplemental policy, or discriminate in the pricing of the policy, because of health status, claims experience, receipt of health care, or medical condition; exclude benefits based on a preexisting condition; provide any time period applicable to preexisting conditions, waiting periods, elimination periods, and probationary periods for any benefit; deny or condition the issuance or effectiveness of the policy (including the imposition of any exclusion of benefits under the policy based on a preexisting condition) or discriminate in the pricing of the policy (including the adjustment of premium rates) of an individual on the basis of the genetic information with respect to such individual; deny or condition the issuance or effectiveness of a medicare supplemental policy that is offered and is available for issuance to new enrollees by such issuer; or establish any period limiting enrollment under a medicare supplemental policy to such period for any individual.
Paragraph
(1)shall not apply to an individual entitled to benefits under part A solely by reason of section 226A. Nothing in this subsection or in subparagraph
(A)or
(B)of subsection (x)(2) shall be construed to limit the ability of an issuer of a medicare supplemental policy from, to the extent otherwise permitted under this title— denying or conditioning the issuance or effectiveness of the policy or increasing the premium for an employer based on the manifestation of a disease or disorder of an individual who is covered under the policy; or increasing the premium for any policy issued to an individual based on the manifestation of a disease or disorder of an individual who is covered under the policy (in such case, the manifestation of a disease or disorder in one individual cannot also be used as genetic information about other group members. . The Secretary of Health and Human Services shall develop an outreach plan to notify individuals entitled to benefits under part A or enrolled under part B of title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) of the effects of the amendment made by subsection (a). In implementing the outreach plan developed under paragraph (1), the Secretary shall consult with consumer advocates, brokers, insurers, the National Association of Insurance Commissioners, and State Health Insurance Assistance Programs. Subject to paragraph (2), the amendment made by subsection
(a)shall apply to medicare supplemental policies effective on or after January 1, 2024. Subject to subparagraph (B), the Secretary of Health and Human Services may phase in the implementation of the amendment made under subsection
(a)(with such phase-in beginning on or after January 1, 2024) in such manner as the Secretary determines appropriate in order to minimize any adverse impact on individuals enrolled under a medicare supplemental policy. The Secretary of Health and Human Services shall ensure that the amendment made by subsection
(a)is fully implemented by not later than January 1, 2029.
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