12 2 STA T . 2 50 2 PUBLIC LA W 110 – 2 7 5 —J UL Y 15 , 200 8toImple me n tt h e NA I CM e dicar e Su pplement In s urance Min - imum Standards Model Act ’ ’ ) on March 1 1 ,20 0 7 , as modi f ied to reflect the chan g es made under this Act and the G enetic Information Nondiscrimination Act of 200 8(P u b lic L a w 110 – 2 3 3) . (2) I MPLE ME NTA T IO N D ATE S . — (A) IN G ENE R AL.— T he modifications to Model
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1 re q uired under paragraph (1) shall be completed b y the National Association of Insurance Commissioners not later than O ctober 31, 2008. Ex cept as pro v ided in subparagraph ( B ), each State shall have 1 year from the date the National Association of Insurance Commissioners adopts the revised NAIC model law and regulations (as changed by Model
- 651, as so modified) to conform the regulatory program
established by the State to such revised NAIC model law and regulations. (B) E X TENSION O F EFFE C TI V E DATE FOR STATE LA W AMENDMENT.—In the case of a State which the Secretary determines requires State legislation in order to conform the regulatory program established by the State to such revised NAIC model law and regulations, the State shall not be regarded as failing to comply with the requirements of this section solely on the basis of its failure to meet such requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. F or purposes of the previous sen- tence, in the case of a State that has a 2-year legislative session, each year of the session is considered to be a separate regular session of the State legislature. (C) TRANSITION DATES.—No carrier may issue a new or revised medicare supplemental policy or certificate under section 1882 of the Social Security Act ( 4 2 U .S.C. 13 9 5ss) that meets the requirements of such revised NAIC model law and regulations for coverage effective prior to J une 1, 2010. A carrier may continue to offer or issue a medicare supplemental policy under such section that meets the requirements of the NAIC model law and regulations and State law (as in effect prior to the adoption of such revised NAIC model law and regulations) prior to June 1, 2010. Nothing shall preclude carriers from mar k eting new or revised medicare supplemental policies or certificates that meet the requirements of such revised NAIC model law and regulations on or after the date on which the State conforms the regulatory program established by the State to such revised NAIC model law and regulations. (b) R E QU IRED OFFERING OF A RANGE OF POLICIES.—Section 1882(o) of the Social Security Act (42 U.S.C. 1395s(o)), as amended by section 104(b)(3) of the Genetic Information Nondiscrimination Act of 2008 (Public Law 110–233), is amended by adding at the end the following new paragraph
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‘(5) In addition to the requirement under paragraph (2), the issuer of the policy must make available to the individual at least Medicare supplemental policies with benefit packages classified as ‘C’ or ‘F’.’’. (c) CLARIFICATION.—Any health insurance policy that provides reimbursement for expenses incurred for items and services for 42USC1395s s – 1 . 42 USC 1395ss.
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