Committee advances bill to create guaranteed-issue windows for Medicare supplement policies

The Senate Banking and Insurance Committee on March 4 voted to report an engrossed committee substitute for House Bill 48 69, which would create limited guaranteed-issue rights for Medicare supplement (Medigap) policies in West Virginia.

Under the bill as explained by counsel, an individual continuously enrolled in a Medigap policy for at least 24 months would be eligible once per calendar year for a birthday-window guaranteed-issue replacement policy beginning the first day of the individual's birth month and lasting 60 days. The bill also provides a guaranteed-issue period of 63 days beginning on the date Medicaid eligibility ends for individuals 65 or older who are entitled to Medicare and have lost Medicaid eligibility; during that period insurers could not deny coverage, impose medical underwriting, or apply preexisting-condition waiting periods.

Counsel noted that insurers would not be required to offer particular premium rates or classes and that the law would not displace guaranteed-issue rights under federal law or apply to Medicare Advantage plans. The bill also requires the Insurance Commissioner to submit an annual written report to the Legislature on Medicare supplement premium trends.

After no amendments were offered, the vice chairman moved to report the bill to the full Senate with a recommendation that it pass; the committee voted in favor and the motion was adopted.

Action: Motion to report engrossed committee substitute for House Bill 48 69 was moved and the committee voted to report the bill to the full Senate with a recommendation that it pass.

What happens next: The bill will proceed to the full Senate for further consideration.