Page:United States Statutes at Large Volume 108 Part 5.djvu/956

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

108 STAT. 4446 PUBLIC LAW 103-432—OCT. 31, 1994 (1) in paragraph (2), by striking "paragraph (2)" and inserting "paragraph (4)", and (2) in paragraph (4), by striking "the succeeding issuer" and inserting "issuer of the replacement policy". (c) ENFORCEMENT OF STANDARDS. — (1) Section 1882(a)(2) (42 U.S.C. 1395ss(a)(2)) is amended— (A) in subparagraph (A), by striking "NAIC standards or the Federal standards" and inserting "1991 NAIC Model Regulation or 1991 Federal Regulation", and (B) by striking "after the effective date of the NAIC or Federal standards with respect to the policy" sind inserting "on and after the effective date specified in subsection (p)(l)(C)". (2) The sentence in section 1882(b)(1) added by section 42 USC 1395SS. 4353(c)(5) of OBRA-1990 is amended— (A) by striking "The report" and inserting "Each report", (B) by inserting "and requirements" after "standards", (C) by striking "and" after "compliance,", and (D) by striking the comma after "Commissioners". (3) Section 1882(g)(2)(B) (42 U.S.C. 1395ss(g)(2)(B)) is amended by striking "Panel" and inserting "Secretary". (4) Section 1882(b)(1) (42 U.S.C. 1395ss(b)(l)) is amended by striking "the the Secretary" and inserting "the Secretary". (d) PREVENTING DUPLICATION.— (1) Section 1882(d)(3)(A) (42 U.S.C. 1395ss(d)(3)(A)) is amended— (A) by amending the first sentence to read as follows: "(i) It is unlawful for a person to sell or issue to an individual entitled to benefits under part A or enrolled under part B of this title— "(I) a health insurance policy with knowledge that the policy duplicates health benefits to which the individual is otherwise entitled under this title or title XIX, "(II) a medicare supplemental policy with knowledge that the individual is entitled to benefits under another medicare supplemental policy, or "(III) a health insurance policy (other than a medicare supplemental policy) with knowledge that the policy duplicates health benefits to which the individual is otherwise entitled, other than benefits to which the individual is entitled under a requirement of State or Federal law."; (B) by designating the second sentence as clause (ii) and, in such clause, by striking "the previous sentence" and inserting "clause (i)"; (C) by designating the third sentence as clause (iii) and, in such clause— (i) by striking "the previous sentence" and inserting "clause (i) with respect to the sale of a medicare supplemental policy", and (ii) by striking "and the statement" and all that follows up to the period at the end; and (D) by striking the last sentence. (2) Section 1882(d)(3)(B) (42 U.S.C. 1395ss(d)(3)(B)) is amended— (A) in clause (ii)(II), by striking "65 years of age or older",