PUBLIC LAW 108–173—DEC. 8, 2003
117 STAT. 2163
as modified shall not be counted as a separate benefit package under such subsection. ‘‘(ii) APPLICATION IN WAIVERED STATES.—Except for the modification provided under subparagraph (C), the waivers previously in effect under subsection (p)(2) shall continue in effect. ‘‘(3) AVAILABILITY OF SUBSTITUTE POLICIES WITH GUARANTEED ISSUE.— ‘‘(A) IN GENERAL.—The issuer of a medicare supplemental policy— ‘‘(i) may not deny or condition the issuance or effectiveness of a medicare supplemental policy that has a benefit package classified as ‘A’, ‘B’, ‘C’, or ‘F’ (including the benefit package classified as ‘F’ with a high deductible feature, as described in subsection (p)(11)), under the standards established under subsection (p)(2), or a benefit package described in subparagraph (A) or (B) of subsection (w)(2) and that is offered and is available for issuance to new enrollees by such issuer; ‘‘(ii) may not discriminate in the pricing of such policy, because of health status, claims experience, receipt of health care, or medical condition; and ‘‘(iii) may not impose an exclusion of benefits based on a pre-existing condition under such policy, in the case of an individual described in subparagraph (B) who seeks to enroll under the policy not later than 63 days after the effective date of the individual’s coverage under a part D plan. ‘‘(B) INDIVIDUAL COVERED.—An individual described in this subparagraph with respect to the issuer of a medicare supplemental policy is an individual who— ‘‘(i) enrolls in a part D plan during the initial part D enrollment period; ‘‘(ii) at the time of such enrollment was enrolled in a medigap Rx policy issued by such issuer; and ‘‘(iii) terminates enrollment in such policy and submits evidence of such termination along with the application for the policy under subparagraph (A). ‘‘(C) SPECIAL RULE FOR WAIVERED STATES.—For purposes of applying this paragraph in the case of a State that provides for offering of benefit packages other than under the classification referred to in subparagraph (A)(i), the references to benefit packages in such subparagraph are deemed references to comparable benefit packages offered in such State. ‘‘(4) ENFORCEMENT.— ‘‘(A) PENALTIES FOR DUPLICATION.—The penalties described in subsection (d)(3)(A)(ii) shall apply with respect to a violation of paragraph (1)(A). ‘‘(B) GUARANTEED ISSUE.—The provisions of paragraph (4) of subsection (s) shall apply with respect to the requirements of paragraph (3) in the same manner as they apply to the requirements of such subsection. ‘‘(5) CONSTRUCTION.—Any provision in this section or in a medicare supplemental policy relating to guaranteed renewability of coverage shall be deemed to have been met with
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