117 STAT. 2164
PUBLIC LAW 108–173—DEC. 8, 2003 respect to a part D enrollee through the continuation of the policy subject to modification under paragraph (2)(C) or the offering of a substitute policy under paragraph (3). The previous sentence shall not be construed to affect the guaranteed renewability of such a modified or substitute policy. ‘‘(6) DEFINITIONS.—For purposes of this subsection: ‘‘(A) MEDIGAP RX POLICY.—The term ‘medigap Rx policy’ means a medicare supplemental policy— ‘‘(i) which has a benefit package classified as ‘H’, ‘I’, or ‘J’ (including the benefit package classified as ‘J’ with a high deductible feature, as described in subsection (p)(11)) under the standards established under subsection (p)(2), without regard to this subsection; and ‘‘(ii) to which such standards do not apply (or to which such standards have been waived under subsection (p)(6)) but which provides benefits for prescription drugs. Such term does not include a policy with a benefit package as classified under clause (i) which has been modified under paragraph (2)(C)(i). ‘‘(B) PART D ENROLLEE.—The term ‘part D enrollee’ means an individual who is enrolled in a part D plan. ‘‘(C) PART D PLAN.—The term ‘part D plan’ means a prescription drug plan or an MA–PD plan (as defined for purposes of part D). ‘‘(D) INITIAL PART D ENROLLMENT PERIOD.—The term ‘initial part D enrollment period’ means the initial enrollment period described in section 1860D–1(b)(2)(A).’’. (2) CONFORMING CURRENT GUARANTEED ISSUE PROVISIONS.— (A) EXTENDING GUARANTEED ISSUE POLICY FOR INDIVIDUALS ENROLLED IN MEDIGAP RX POLICIES WHO TRY MEDICARE ADVANTAGE.—Subsection (s)(3)(C)(ii) of such section is
amended— (i) by striking ‘‘(ii) Only’’ and inserting ‘‘(ii)(I) Subject to subclause (II), only’’; and (ii) by adding at the end the following new subclause: ‘‘(II) If the medicare supplemental policy referred to in subparagraph (B)(v) was a medigap Rx policy (as defined in subsection (v)(6)(A)), a medicare supplemental policy described in this subparagraph is such policy in which the individual was most recently enrolled as modified under subsection (v)(2)(C)(i) or, at the election of the individual, a policy referred to in subsection (v)(3)(A)(i).’’. (B) CONFORMING AMENDMENT.—Section 1882(s)(3)(C)(iii) is amended by inserting ‘‘and subject to subsection (v)(1)’’ after ‘‘subparagraph (B)(vi)’’. (b) DEVELOPMENT OF NEW STANDARDS FOR MEDIGAP POLICIES.— (1) IN GENERAL.—Section 1882 (42 U.S.C. 1395ss) is further amended by adding at the end the following new subsection: ‘‘(w) DEVELOPMENT OF NEW STANDARDS FOR MEDICARE SUPPLEMENTAL POLICIES.— ‘‘(1) IN GENERAL.—The Secretary shall request the National Association of Insurance Commissioners to review and revise the standards for benefit packages under subsection (p)(1), taking into account the changes in benefits resulting from
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