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Code · STATUTE-COMPILATIONS · Medicare Access and CHIP Reauthorization Act of 2015 · Sec. 401

Sec. 401. LIMITATION ON CERTAIN MEDIGAP POLICIES FOR NEWLY ELIGIBLE MEDICARE BENEFICIARIES

394 words·~2 min read·/statute-compilations/comps-11661/sec-401

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## SEC. 401 LIMITATION ON CERTAIN MEDIGAP POLICIES FOR NEWLY ELIGIBLE MEDICARE BENEFICIARIES Section 1882 of the Social Security Act (42 U.S.C. 1395ss) is amended by adding at the end the following new subsection: > > ### “(z) Limitation on Certain Medigap Policies for Newly Eligible Medicare Beneficiaries > > > #### “(1) In general > > Notwithstanding any other provision of this section, on or after January 1, 2020, a medicare supplemental policy that provides coverage of the part B deductible, including any such policy (or rider to such a policy) issued under a waiver granted under subsection (p)(6), may not be sold or issued to a newly eligible Medicare beneficiary. > > > #### “(2) Newly eligible medicare beneficiary defined > > In this subsection, the term ‘newly eligible Medicare beneficiary’ means an individual who is neither of the following: > > > ##### “(A) > > An individual who has attained age 65 before January 1, 2020. > > > ##### “(B) > > An individual who was entitled to benefits under part A pursuant to section 226(b) or 226A, or deemed to be eligible for benefits under section 226(a), before January 1, 2020. > > > #### “(3) Treatment of waivered states > > In the case of a State described in subsection (p)(6), nothing in this section shall be construed as preventing the State from modifying its alternative simplification program under such subsection so as to eliminate the coverage of the part B deductible for any medical supplemental policy sold or issued under such program to a newly eligible Medicare beneficiary on or after January 1, 2020. > > > #### “(4) Treatment of references to certain policies > > In the case of a newly eligible Medicare beneficiary, except as the Secretary may otherwise provide, any reference in this section to a medicare supplemental policy which has a benefit package classified as ‘C’ or ‘F’ shall be deemed, as of January 1, 2020, to be a reference to a medicare supplemental policy which has a benefit package classified as ‘D’ or ‘G’, respectively. > > > #### “(5) Enforcement > > The penalties described in clause
(ii)of subsection (d)(3)(A) shall apply with respect to a violation of paragraph
(1)in the same manner as it applies to a violation of clause
(i)of such subsection.” > .
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Sec. 401
LIMITATION ON CERTAIN MEDIGAP POLICIES FOR NEWLY ELIGIBLE MEDICARE BENEFICIARIES
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