12 2 STA T .903PUBLIC LA W 110 – 233 —M A Y 21 , 200 8(c)EF F ECTIV E DA TE .—Theam e nd men ts made by th i s secti o n sha l la p ply w ith r espect to an iss u ero f a medicare supplemental policy for policy years be g inning on or after the date that is 1 year after the date of enactment of this A ct. (d) T R A NS ITI O N P ROVISIONS.— (1) I N G ENERA L .—If the S ecretary of H ealth and Human Ser v ices identifies a State as re q uiring a change to its statutes or regulations to conform its regulatory program to the changes made by this section , the State regulatory program shall not be considered to be out of compliance with the requirements of section 1 8 8 2 of the Social Security Act due solely to failure to ma k e such change until the date specified in paragraph ( 4 ). (2) N AI C STAN D ARDS.—If, not later than O ctober 3 1,2 0 08, the National Association of Insurance Commissioners (in this subsection referred to as the ‘ ‘NAIC ’ ’) modifies its NAIC M odel R egulation relating to section 1882 of the Social Security Act (referred to in such section as the 1 9 91 NAIC Model Regulation, as subsequently modified) to conform to the amendments made by this section, such revised regulation incorporating the modi - fications shall be considered to be the applicable NAIC model regulation (including the revised NAIC model regulation and the 1991 NAIC Model Regulation) for the purposes of such section. (3) SECRETAR Y STANDARDS.—If the NAIC does not make the modifications described in paragraph (2) within the period specified in such paragraph, the Secretary of Health and Human Services shall, not later than J uly 1, 2009, make the modifications described in such paragraph and such revised regulation incorporating the modifications shall be considered to be the appropriate regulation for the purposes of such section. (4) DATE S P ECIFIED.— (A) IN GENERAL.—Sub j ect to subparagraph ( B ), the date specified in this paragraph for a State is the earlier of— (i) the date the State changes its statutes or regu- lations to conform its regulatory program to the changes made by this section, or (ii) July 1, 2009. (B) ADDITIONAL LEGISLATIVE ACTION RE QU IRED.—In the case of a State which the Secretary identifies as— (i) requiring State legislation (other than legisla- tion appropriating funds) to conform its regulatory pro- gram to the changes made in this section, but (ii) having a legislature which is not scheduled to meet in 2009 in a legislative session in which such legislation may be considered, the date specified in this paragraph is the first day of the first calendar quarter beginning after the close of the first legislative session of the State legislature that begins on or after July 1, 2009. F or purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. SEC.105 . PRIVA C Y A ND C O N F IDEN T IA L ITY. (a) IN G ENERAL.—Part C of title X I of the Social Security Act is amended by adding at the end the following new section
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e . Deadline. 42USC1395s sn ot e. Ap pli c a b ilit y . 42 USC 1395ss note.
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