OAR 836-052-0144: Standard Medicare Supplement Benefit Plans for 2020 Standardized Medicare Supplement Benefit Plan Policies or Certificates Issued for Delivery to Individuals Newly Eligible for Medicare on or after January 1, 2020.

The Medicare Access and CHIP Reauthorization Act of 2015 (MACRA) requires the following standards to be applicable to all Medicare supplement policies delivered or issued for delivery in this state to individuals newly eligible for Medicare on or after January 1, 2020. No policy or certificate that provides coverage of the Medicare Part B deductible may be advertised, solicited, delivered or issued for delivery in this state as a Medicare supplement policy or certificate to individuals newly eligible for Medicare on or after January 1, 2020. All policies must comply with the following benefit standards. Benefit plan standards applicable to Medicare supplement policies and certificates issued to individuals eligible for Medicare before January 1, 2020 remain subject to the requirements of OAR 836-052-0103 to 836-052-0194. (1) Benefit Requirements. The standards and requirements of OAR 836-052-0141 shall apply to all Medicare supplement policies or certificates delivered or issued for delivery to individuals newly eligible for Medicare on or after January 1, 2020 with the following exceptions: (a) Standardized Medicare supplement benefit Plan C is redesignated as Plan D and shall provide the benefits contained in OAR 836-052-0141(5)(c) but shall not provide coverage for one hundred percent (100%) or any portion of the Medicare Part B deductible. (b) Standardized Medicare supplement benefit Plan F is redesignated as Plan G and shall provide the benefits contained in OAR 836-052-0141(5)(e) but shall not provide coverage for one hundred percent (100%) or any portion of the Medicare Part B deductible. (c) Standardized Medicare supplement benefit plans C, F and F With High Deductible may not be offered to individuals newly eligible for Medicare on or after January 1, 2020. (d) Standardized Medicare supplement benefit Plan F With High Deductible is redesignated as Plan G With High Deductible and shall provide the benefits contained in OAR 836-052-0141(5)(f) but shall not provide coverage for one hundred percent (100%) or any portion of the Medicare Part B deductible; provided further that the Medicare Part B deductible paid by the beneficiary shall be considered an out-of-pocket expense in meeting the annual high deductible. (e) The reference to Plans C or F contained in OAR 836-052-0141(1)(b) is deemed a reference to Plans D or G for purposes of this section. (2) Applicability to Certain Individuals. This section, OAR 836-052-0144, applies to only individuals that are newly eligible for Medicare on or after January 1, 2020: (a) By reason of attaining age 65 on or after January 1, 2020; or (b) By reason of entitlement to benefits under Part A pursuant to section 226(b) or 226A of the Social Security Act, or who is deemed to be eligible for benefits under section 226(a) of the Social Security Act on or after January 1, 2020. (3) Guaranteed Issue for Eligible Persons. For purposes of OAR 836-052-0142, in the case of any individual newly eligible for Medicare on or after January 1, 2020, any reference to a Medicare supplement policy C or F (including F With High Deductible) shall be deemed to be a reference to Medicare supplement policy D or G (including G With High Deductible) respectively that meet the requirements of OAR 836-052-0144. (4) Offer of Redesignated Plans to Individuals Other Than Newly Eligible. On or after January 1, 2020, the standardized benefit plans described in OAR 836-052-0144(1)(d) above may be offered to any individual who was eligible for Medicare prior to January 1, 2020 in addition to the standardized plans described in OAR 836-052-0141(5).