Page:United States Statutes at Large Volume 103 Part 3.djvu/517

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CONCURRENT RESOLUTIONS—NOV. 22, 1989 103 STAT. 2585 the end of such period, revised Federal model standards (in this subsection and subsection (n) referred to as 'revised Federal model standards') for medicare supplemental policies to improve such standards and otherwise to reflect the changes in law made by the Medicare Catastrophic Coverage Repeal Act of 1989, subsection (g)(2)(A) shall be applied in a State, effective on and after the date specified in subparagraph (B), as if the reference to the Model Regulation adopted on June 6, 1979, were a reference to the revised Federal model standards. "(B) The date specified in this subparagraph for a State is the earlier of the date the State adopts standards equal to or more stringent than the revised Federal model standards or 1 year after the date the Secretary first promulgates such standards. "(3) Notwithstanding any other provision of this section (except as provided in subsection (n))— "(A) no medicare supplemental policy may be certified by the Secretary pursuant to subsection (a), "(B) no certification made pursuant to subsection (a) shall remain in effect, and "(C) no State regulatory program shall be found to meet (or to continue to meet) the requirements of subsection (b)(l)(A), unless such policy meets (or such program provides for the applica- tion of standards equal to or more stringent than) the standards set forth in the revised NAIC Model Regulation or the revised Federal model standards (as the case may be) by the date specified in paragraph (I)(B) or (2)(B) (as the case may be). ^ "(n)(1) Until the date specified in paragraph (4), in the csise of a qualifying medicare supplemental policy described in paragraph (3) issued in a State— "(A) before the transition deadline, the policy is deemed to „ remain in compliance with the standards described in subsec- tion (b)(l)(A) only if the insurer issuing the policy complies with the transition provision described in paragraph (2), or "(B) on or after the transition deadline, the policy is deemed to be in compliance with the standards described in subsection (b)(l)(A) only if the insurer issuing the policy complies with the revised NAIC Model Regulation or the revised Federal model standards (as the case may be) before the date of the sale of the policy. In this paragraph, the term 'transition deadline' means 1 year after the date the Association adopts the revised NAIC Model Regulation or 1 year after the date the Secretary promulgates revised Federal model standards (as the case may be). "(2) The transition provision described in this paragraph is— "(A) such transition provision as the Association provides, by not later than December 15, 1989, so as to provide for an appropriate transition (i) to restore benefit provisions which are no longer duplicative as a result of the changes in benefits under this title made by the Medicare Catastrophic Coverage Repeal Act of 1989 and (ii) to eliminate the requirement of payment for the first 8 days of coinsurance for extended care services, or "(B) if the Association does not provide for a transition provi- sion by the date described in subparagraph (A), such transition provision as the Secretary shall provide, by January 1, 1990, so as to provide for an appropriate transition described in subpara- graph (A). "(3) In paragraph (1), the term 'qualifying medicare supplemental policy' means a medicare supplemental policy which has been issued