Section 71.10 - Open Enrollment and Guarantee Issue for Medicare Supplement Insurance(1) No Issuer participating in the market for Medicare Supplement Insurance shall at any time deny or condition the issuance of any Medicare Supplement Insurance Policy or Alternate Innovative Benefit Rider for sale in Massachusetts, nor discriminate in the pricing of such a plan, to any Eligible Person because of the age, health status, claims experience, receipt of health care, medical condition, or genetic information of the Eligible Person. No Issuer participating in the market for Medicare Supplement Insurance shall require genetic tests or private genetic information as a condition of the issuance or renewal of a Medicare Supplement Insurance Policy or Alternate Innovative Benefit Rider.(2) No Medicare Supplement Insurance Policy or Alternate Innovative Benefit Rider may contain any waiting period or preexisting condition limitation or exclusion.(3)Required Part B Open Enrollment Period. An Issuer of Medicare Supplement Insurance shall not deny or condition the issuance or effectiveness of any Medicare Supplement Insurance Policy available for sale in Massachusetts, nor any Alternate Innovative Benefit Rider, nor discriminate in the pricing of such a Policy because of the health status, claims experience, receipt of health care, or medical condition of an Applicant in the case of an application for a Policy for which the Applicant is eligible that is submitted prior to or during the six-month period beginning with the first day of the first month in which an individual is both 65 years of age or older and is enrolled for benefits under Medicare Part B. Each Medicare Supplement Insurance Policy or Alternate Innovative Benefit Rider currently available from an Issuer shall be made available to all Eligible Persons who apply and who qualify under 211 CMR 71.10(3), except as provided in 211 CMR 71.10(11). Notwithstanding 211 CMR 71.10(3), a Medicare Supplement 1 Insurance Policy may only be offered to Medicare Eligible persons if the individual has also: (a) attained 65 years of age before January 1, 2020; or(b) first become eligible for Medicare due to age, disability, or end-stage renal disease before January 1, 2020.(4)Required Open Enrollment Period for Those Initially Eligible for Coverage. An Issuer participating in the market for Medicare Supplement Insurance shall not deny or condition the issuance or effectiveness of any Medicare Supplement Insurance Policy or Alternate Innovative Benefit Rider, nor discriminate in the pricing of such Policy or Alternate Innovative Benefit Rider to an Eligible Person in the case of an application of such Policy or Alternate Innovative Benefit Rider that is submitted prior to or during the six-month period beginning with the first day of the first month in which the Eligible Person became Initially Eligible for Coverage. Each Medicare Supplement Insurance Policy or Alternate Innovative Benefit Rider currently available from the Issuer shall be made available to all Eligible Persons who qualify under 211 CMR 71.10(4), except as provided in 211 CMR 71.10(10). Notwithstanding the above, a Medicare Supplement 1 Insurance Policy may not be offered to Medicare Eligible persons if the individual has not also: (a) attained 65 years of age before January 1, 2020; or(b) first become eligible for Medicare due to age, disability or end-stage renal disease before January 1, 2020.(5)Required Annual Open Enrollment Period. (a) Every Issuer participating in the market for Medicare Supplement Insurance shall make available during the required annual open enrollment period to every Eligible Person each Medicare Supplement Insurance Policy or Alternate Innovative Benefit Rider, currently available from the Issuer for whom an application for such Policy is submitted during the required annual open enrollment period by the Eligible Person except as provided in 211 CMR 71.10(10). The required annual open enrollment period for Eligible Persons shall commence on February 1st and end on March 31st of each year, for coverage to be effective June 1st of that year or no later than when Medicare coverage is first effective, whichever is earlier.(b) For annual open enrollment periods, every Issuer participating in the market for Medicare Supplement Insurance shall provide its Insureds or Members with written notice no later than January 1st of each such calendar year which provides, at least, the following information in easy to understand language: 1. an explanation of the existence of the annual open enrollment period which will be held during February and March of that year, the deadline of March 31st for applications, and effective date for new coverage of June 1st of that year;2. notification that persons who became Medicare Eligible prior to January 1, 2020 and who enroll in Medicare Supplement 1 plans on and after January 1, 2020 will only be permitted to switch enrollment to a Medicare Supplement 1A plan in the same company after those persons have been covered by the Medicare Supplement 1 plan for at least a 12-month period, except in the situation where the Commissioner notifies Issuers that there will be a Required Open Enrollment Period during the course of the plan year; and3. notification that the Insured or Member may request a list of all Issuers which have available Medicare Supplement Insurance Policy forms as of January 1st of that calendar year by contacting the Massachusetts Division of Insurance at 1000 Washington St., Suite 810, Boston, MA 02118-6200, telephone number 1-877-563-4467; or the Executive Office of Elder Affairs, One Ashburton Place, Room 517, Boston, MA 02108, telephone number 1-800-243-4636;(6)Required Open Enrollment Period Due to Termination of HMO Medicare Part C Contract. In the event that a Health Maintenance Organization's Medicare Part C Contract with Medicare has been terminated, during an open enrollment period scheduled and authorized by the Commissioner, every Issuer participating in the market for Medicare Supplement Insurance and every Health Maintenance Organization participating in the market for Evidences of Coverage Issued Pursuant to a Medicare Part C Contract with Medicare shall make available to every Eligible Person each Medicare Supplement Insurance Policy, Alternate Innovative Benefit Rider or Evidence of Coverage currently available from the Issuer or Health Maintenance Organization if the Eligible Person's Evidence of Coverage Issued Pursuant to a Medicare Part C Contract with Medicare was canceled or not renewed because the Health Maintenance Organization's Medicare Part C Contract with Medicare has been terminated, except as provided in 211 CMR 71.10(10). Such coverage shall comply with all the provisions of 211 CMR 71.00 and shall become effective on the date that coverage under the Medicare Part C Contract with Medicare ends. The Commissioner will notify all Issuers and Health Maintenance Organizations subject to 211 CMR 71.10(6) of the time period for the open enrollment period described in 211 CMR 71.10(6) as soon as practicable. The length of the open enrollment period under 211 CMR 71.10(6) shall be set by the Commissioner as he or she deems to be warranted to ensure that all Applicants have a reasonable opportunity to obtain coverage.(7)Required Open Enrollment Period Established under Administrative Supervision of an Issuer. In the event that the Commissioner assumes administrative supervision of an Issuer in accordance with M.G.L. c. 175J, and he or she orders the Issuer to reduce, suspend or limit the volume of business being accepted or renewed, including Medicare Supplement Insurance or Alternate Innovative Benefit Riders, during an open enrollment period scheduled and authorized by the Commissioner, every Issuer participating in the market for Medicare Supplement Insurance and Alternate Innovative Benefit Rider shall make available to every Eligible Person each Medicare Supplement Insurance Policy and Alternate Innovative Benefit Rider for which the Eligible Person is eligible that is currently available from the Issuer if the Eligible Person's Policy or Alternate Innovative Benefit Rider was canceled or not renewed in compliance with the Commissioner's order in accordance with 211 CMR 71.10(7), except as provided in 211 CMR 71.10(10). Such coverage shall comply with all the provisions of 211 CMR 71.00 and shall become effective on the date that coverage under the Medicare Part C Contract with Medicare Policy or Rider ends. The Commissioner will notify all Issuers subject to 211 CMR 71.10(7) of the time period for the open enrollment period described in 211 CMR 71.10(7) as soon as practicable. The length of the open enrollment period under 211 CMR 71.10(7) shall be set by the Commissioner as he or she deems to be warranted to ensure that all Applicants have a reasonable opportunity to obtain coverage. In the event of the placing of an Issuer in administrative supervision, conservation, rehabilitation, reorganization, liquidation or any other similar proceeding by a governmental or public authority, the Commissioner may also establish a Required Open Enrollment Period as provided in 211 CMR 71.10(7) to provide for the availability of coverage for every Eligible Person whose Medicare Supplement Insurance Policy or Alternate Innovative Benefit Rider is canceled or not renewed by reason of such a rehabilitation, reorganization or liquidation.
(8)Optional Periodic Open Enrollment Periods. In addition to the required open enrollment periods outlined in 211 CMR 71.10(3) through (7), Issuers may hold additional open enrollment periods at other times of the year for Eligible Persons provided that each such open enrollment period is of a length of time of not less than 60 consecutive days. Each Issuer electing to schedule open enrollment periods under 211 CMR 71.10(8) shall file a statement with the Commissioner describing the beginning and ending dates for the Issuer's open enrollment periods. Any open enrollment period held under 211 CMR 71.10(8) must comply with all of the requirements of 211 CMR 71.00. Each Medicare Supplement Insurance Policy or Alternate Innovative Benefit Rider currently available from the Issuer shall be made available to all Eligible Persons who submit applications during the open enrollment periods held under 211 CMR 71.10(8), except as provided in 211 CMR 71.10(10). Notwithstanding any other provisions of 211 CMR 71.00, a Medicare Supplement 1 Insurance Policy may not be offered to Medicare Eligible persons after January 1, 2020, unless the individual has also:
(a) attained 65 years of age before January 1, 2020; or(b) first become eligible for Medicare due to age, disability, or end-stage renal disease before January 1, 2020. Further notwithstanding any other provisions of 211 CMR 71.00, no Issuer participating in the market for Medicare Supplement Insurance shall at any time knowingly permit a newly enrolling Eligible Person to terminate a Medicare Supplement 1 plan and purchase a Medicare Supplement 1A plan offered by that Issuer until the person has been covered under the Medicare Supplement 1 plan for at least a period of 12 months.(9)Optional Continuous Open Enrollment. In addition to the required open enrollment periods outlined in 211 CMR 71.10(3) through (7), Issuers may elect to maintain continuous open enrollment for Eligible Persons. Each Issuer electing to schedule continuous open enrollment under 211 CMR 71.10(9) shall file a statement with the Commissioner describing the beginning date for the Issuer's continuous open enrollment. Such statement must be filed with the Commissioner at least 30 days prior to the beginning of such continuous open enrollment. Any Issuer that chooses to cease continuous open enrollment under 211 CMR 71.10(9) shall notify the Commissioner in writing at least 60 days prior to the ending date for such continuous open enrollment. Each Issuer shall provide at least 30 days' notice of such open enrollment period and any termination of the open enrollment period to its Insureds or Members. Any continuous open enrollment held under 211 CMR 71.10(9) must comply with all of the requirements of 211 CMR 71.00. Each Medicare Supplement Insurance Policy or Alternate Innovative Benefit Rider currently available from the Issuer shall be made available to all Eligible Persons who submit applications during the continuous open enrollment held under 211 CMR 71.10(9), except as provided in 211 CMR 71.10(10). Notwithstanding any other provisions of 211 CMR 71.00, a Medicare Supplement 1 Insurance Policy may not be offered to Medicare Eligible persons unless the individual has also:
(a) attained 65 years of age before January 1, 2020; or(b) first become eligible for Medicare due to age, disability or end-stage renal disease, before January 1, 2020. Further notwithstanding any other provisions of 211 CMR 71.00, no Issuer participating in the market for Medicare Supplement Insurance shall at any time knowingly permit a newly enrolling Eligible Person to terminate a Medicare Supplement 1 plan and purchase a Medicare Supplement 1A plan offered by that Issuer until the person has been covered under the Medicare Supplement 1 plan for at least a period of 12 months.(10) Notwithstanding the provisions in 211 CMR 71.10(3) through (9), an Issuer participating in the market for Medicare Supplement Insurance that only has available Certificate forms for issuance in Massachusetts that are issued under one or more group Medicare Supplement Insurance Policies, and which does not have available Medicare Supplement Insurance Policy forms for issuance to individuals in Massachusetts, shall not be required to issue a Medicare Supplement Insurance Policy to an Eligible Person who is not a member and is not eligible to be a member of the group or groups to which the Issuer has issued the group Medicare Supplement Insurance Policy or Policies; provided however, that requirements to become a member in the group or groups are not based on health status, claims experience, receipt of health care or medical condition. Notwithstanding 211 CMR 71.10(10), a Medicare Supplement 1 Insurance Policy may not be offered to Medicare Eligible Persons if the individual has not also:(a) attained 65 years of age before January 1, 2020; or(b) first become eligible for Medicare due to age, disability, or end-stage renal disease before January 1, 2020.(11)Required Open Enrollment Period Due to Entry into Market. In the event that during the months of February through November an Issuer enters the market for Medicare Supplement Insurance and is unable to participate in the full two-month required annual open enrollment period specified in 211 CMR 71.10(5) held during the calendar year of the entry into the market, the Issuer shall hold a special open enrollment period upon entry into the market. Such special open enrollment period shall conform to the requirements of the required annual open enrollment period set forth in 211 CMR 71.10(5), except those pertaining to the starting date for the open enrollment period, subject to the Commissioner's approval. For the purposes of 211 CMR 71.10(11), "enters the market" shall mean that the Issuer is offering, selling, issuing, delivering, or otherwise making effective a Medicare Supplement Insurance Policy or Alternate Innovative Benefit Rider in compliance with 211 CMR 71.00 either: (a) for the first time; or(b) upon reentry into the market in accordance with 211 CMR 71.22(3).(12)Guaranteed Issue for Eligible Persons under Section 4031 of the Federal Balanced Budget Act of 1997, Section 501(a)(1) of the Federal Balanced Budget Refinement Act of 1999 and Benefit Improvement and Patient Protection Act of 2000. (a)Guaranteed Issue.1. An Eligible Person, as defined by 211 CMR 71.03, who is an eligible person under Section 4031 of the federal Balanced Budget Act of 1997 (BBA Eligible Person) and Section 501(a)(2) of the federal Balanced Budget Refinement Act of 1999, are those individuals described in 211 CMR 71.10(12)(b), who seek to enroll under the Policy during the period specified in 211 CMR 71.10(12)(c) and who submit evidence of the date of termination or disenrollment with the application for a Medicare Supplement Insurance Policy.2. With respect to BBA Eligible Persons, an issuer shall not deny or condition the issuance or effectiveness of a Medicare Supplement Insurance Policy described in 211 CMR 71.10(12)(e) that is offered and is available for issuance to new enrollees by the issuer, except as set forth in 211 CMR 71.10(12)(a)3., shall not discriminate in the pricing of such a Medicare Supplement Insurance Policy because of health status, claims experience, receipt of health care, or medical condition, and shall not impose an exclusion of benefits based on a preexisting condition under such a Medicare Supplement Insurance Policy.3. If a BBA Eligible Person also meets the requirements of being Initially Eligible for Coverage, as defined in 211 CMR 71.03, and if the individual has also:a. attained 65 years of age before January 1, 2020; orb. first become eligible for Medicare due to age, disability, or end-stage renal disease before January 1, 2020, then the individual shall be entitled to guarantee issue of all plans currently available from an Issuer as specified in 211 CMR 71.10(4), including the time periods specified. If a BBA Eligible Person also meets the requirements of being Initially Eligible for Coverage, as defined in 211 CMR 71.03, but if the individual has not:(i) attained 65 years of age before January 1, 2020; or(ii) first become eligible for Medicare due to age, disability, or end-stage renal disease before January 1, 2020, then the individual shall be entitled to guarantee issue of all plans currently available from an Issuer as specified in 211 CMR 71.10(4), including the time periods specified, except for Medicare Supplement 1 plans, for which such persons are not eligible.(b)BBA Eligible Person. A BBA Eligible Person is an individual who meets the definition of Eligible Person found in 211 CMR 71.03 and who is described in any of the following paragraphs: 1. The individual is enrolled under an Employee Welfare Benefit Plan that provides health benefits that supplement the benefits under Medicare; and the plan terminates, or the plan ceases to provide all such supplemental health benefits to the individual;2. The individual is enrolled with a Medicare Advantage organization under a Medicare Advantage plan under part C of Medicare, and any of the following circumstances apply, or the individual is 65 years of age or older and is enrolled with a Program of All Inclusive Care for the Elderly (PACE) provider under the Social Security Act § 1894, and there are circumstances similar to those described below that would permit discontinuance of the individual's enrollment with such provider if such individual were enrolled in a Medicare Advantage plan: a. The certification of the organization or plan under this part has been terminated; orb. The organization has terminated or otherwise discontinued providing the plan in the area in which the individual resides;c. The individual is no longer eligible to elect the plan because of a change in the individual's place of residence or other change in circumstances specified by the Secretary, but not including termination of the individual's enrollment on the basis described in the federal Social Security Act § 1851(g)(3)(B) (where the individual has not paid premiums on a timely basis or has engaged in disruptive behavior as specified in standards under the federal Social Security Act § 1856), or the plan is terminated for all individuals within a residence area;d. The individual demonstrates, in accordance with guidelines established by the Secretary, that: i. The organization offering the plan substantially violated a material provision of the organization's contract under this part in relation to the individual, including the failure to provide an enrollee on a timely basis medically necessary care for which benefits are available under the plan or the failure to provide such covered care in accordance with applicable quality standards;ii. The organization, or agent or other entity acting on the organization's behalf, materially misrepresented the plan's provisions in marketing the plan to the individual; oriii. The individual meets such other exceptional conditions as the Secretary may provide.3.a.The individual is enrolled with:
i. An eligible organization under a contract under the federal Social Security Act § 1876 (Medicare Cost);ii. A similar organization operating under demonstration project authority, effective for periods before April 1, 1999;iii. An organization under an agreement under the federal Social Security Act § 1833(a)(1)(A) (health care prepayment plan); oriv. An organization under a Medicare Select Policy; andb. The enrollment ceases under the same circumstances that would permit discontinuance of an individual's election of coverage under 211 CMR 71.10(12)(b)2.4. The individual is enrolled under a Medicare Supplement Insurance Policy and the enrollment ceases because: a.i. Of the insolvency of the Issuer or bankruptcy of the nonissuer organization; or ii. Of other involuntary termination of coverage or enrollment under the Policy;b. The Issuer of the Policy substantially violated a material provision of the Policy; orc. The Issuer, or an agent or other entity acting on the Issuer's behalf, materially misrepresented the Policy's provisions in marketing the Policy to the individual;5.a. The individual was enrolled under a Medicare Supplement Insurance Policy and terminates enrollment and subsequently enrolls, for the first time, with any Medicare Advantage organization under a Medicare Advantage plan under part C of Medicare, any eligible organization under a contract under the federal Social Security Act § 1876 (Medicare Cost), any similar organization operating under demonstration project authority, any PACE provider under the federal Social Security Act § 1894 or a Medicare Select Policy; andb. The subsequent enrollment under 211 CMR 71.10(12)(b)5.a. is terminated by the enrollee during any period within the first 12 months of such subsequent enrollment (during which the enrollee is permitted to terminate such subsequent enrollment under the federal Social Security Act § 1851(e)). 6. The individual, upon first becoming eligible for benefits under part A of Medicare at 65 years of age, enrolls in a Medicare Advantage plan under part C of Medicare or in a PACE program under the federal Social Security Act § 1894, and disenrolls from the plan or program by not later than 12 months after the effective date of enrollment. (c)Guaranteed Issue Time Periods. 1. In the case of an individual as described in 211 CMR 71.10(12)(b)1., the guaranteed issue period begins on the date of the individual receives a notice of termination or cessation of all supplemental health benefits (or, if such notice is not received, notice that a claim has been denied because of such a termination or cessation) and ends 63 days after the date of the applicable notice;2. In the case of an individual described in 211 CMR 71.10(12)(b)2., 3., 5.a., or 6. whose enrollment is terminated involuntarily, the guaranteed issue period begins on the date that the individual receives a notice of termination and ends 63 days after the date the applicable coverage is terminated;3. In the case of an individual described in 211 CMR 71.10(12)(b)4.a. the guaranteed issue period begins on the earlier of: a. the date that the individual receives a notice of termination, a notice of the issuers bankruptcy or insolvency, or other such similar notice, if any; andb. the date that the applicable coverage is terminated, and ends 63 days after the coverage is terminated;4. In the case of an individual described in 211 CMR 71.10(12)(b)2., 4.b., 4.c., 5.a. or 6. who disenrolls voluntarily, the guaranteed issue period begins on the date that is 60 days before the effective date of the disenrollment and ends 63 days after the effective date; and5. In the case of an individual described in 211 CMR 71.10(12)(b), but not described in the preceding provisions of 211 CMR 71.10(12)(c), the guaranteed issue period begins on the effective date of disenrollment and ends on the date that is 63 days after the effective date.(d)Extended Medigap Access for Interrupted Trial Periods.1. In the case of an individual described in 211 CMR 71.10(12)(b)5. (or deemed to be so described, pursuant to 211 CMR 71.10(12)(d)) whose enrollment with an organization or provider described in 211 CMR 71.10(12)(b)5.a. involuntarily terminated within the first 12 months of enrollment, and who, without an intervening enrollment, enrolls with another such organization or provider, the subsequent enrollment shall be deemed to be an initial enrollment described in 211 CMR 71.10(12)(b)5.2. In the case of an individual described in 211 CMR 71.10(12)(b)6. (or deemed to be so described, pursuant to 211 CMR 71.10(12)(d)) whose enrollment with a plan or in a program described in 211 CMR 71.10(12)(b)6. is involuntarily terminated within the first 12 months of enrollment, and who, without an intervening enrollment, enrolls in another plan or program, the subsequent enrollment shall be deemed to be an initial enrollment described in 211 CMR 71.10(12)(b)6.3. For purposes of 211 CMR 71.10(12)(b)5. and 6., no enrollment of an individual with an organization or provider described in 211 CMR 71.10(12)(b)5.a., or with a plan or in a program described in 211 CMR 71.10(12)(b)6., may be deemed to be an initial enrollment under 211 CMR 71.10(12)(d) after the two-year period beginning on the date on which the individual first enrolled with such organization, provider, plan, or program.(e)Products to Which BBA Eligible Persons are Entitled. The Medicare Supplement Insurance Policy to which BBA eligible persons are entitled under: 1. 211 CMR 71.10(12)(b)1., 2., 3. and 4. is a Medicare Supplement Core Insurance Policy or a Medicare Supplement 1 Insurance Policy offered by any Issuer if the individual has also: a. attained 65 years of age before January 1, 2020; orb. first become eligible for Medicare due to age, disability, or end-stage renal disease before January 1, 2020. If the individual has not:(i) attained 65 years of age before January 1, 2020; or(ii) first become eligible for Medicare due to age, disability, or end-stage renal disease before January 1, 2020, then the individual shall be entitled to all plans currently available from an Issuer as specified in 211 CMR 71.10(4), except for Medicare Supplement 1 plans.2.a. 211 CMR 71.10(12)(b)5. is the same Medicare Supplement Insurance Policy in which the individual was most recently previously enrolled, if available from the same Issuer or, if not so available, a Policy described in 211 CMR 71.10(12)(e)1. b. After December 31, 2005, if the individual was most recently enrolled in a Medicare Supplement Insurance Policy with an outpatient prescription drug benefit, a Medicare Supplement Insurance Policy is a Medicare Supplement Core Insurance Policy, Medicare Supplement 1 Insurance Policy, or a Medicare Select Insurance Policy offered by any insurer if the individual has also:(i) attained 65 years of age before January 1, 2020; or(ii) first become eligible for Medicare due to age, disability, or end-stage renal disease before January 1, 2020. If the individual has not: i. attained 65 years of age before January 1, 2020; orii. first become eligible for Medicare due to age, disability, or end-stage renal disease before January 1, 2020, then the individual shall be entitled to all plans currently available from an Issuer as specified in 211 CMR 71.10(4), except for Medicare Supplement 1 plans.3. 211 CMR 71.10(12)(b)6. shall include any Medicare Supplement Insurance Policy offered by any Issuer if the individual has also:a. attained 65 years of age before January 1, 2020; orb. first become eligible for Medicare due to age, disability, or end-stage renal disease before January 1, 2020. If the individual has not: (i) attained 65 years of age before January 1, 2020; or(ii) first become eligible for Medicare due to age, disability, or end-stage renal disease before January 1, 2020, then the individual shall be entitled to all plans currently available from an Issuer as specified in 211 CMR 71.10(4), except Medicare Supplement 1 plans.(f)Notification Provisions.1. At the time of an event described in 211 CMR 71.10(12)(b) because of which an individual loses coverage or benefits due to the termination of a contract or agreement, Policy, or plan, the organization that terminates the contract or agreement, the Issuer terminating the Policy, or the administrator of the plan being terminated, respectively, shall notify the individual of his or her rights under 211 CMR 71.10(12), and of the obligations of issuers of Medicare Supplement Insurance Policies under 211 CMR 71.10(12)(a). Such notice shall be communicated contemporaneously with the notification of termination.2. At the time of an event described in 211 CMR 71.10(12)(b) because of which an individual ceases enrollment under a contract or agreement, Policy, or plan, the organization that offers the contract or agreement, regardless of the basis for the cessation of enrollment, the Issuer offering the Policy, or the administrator of the plan, respectively, shall notify the individual of his or her rights under 211 CMR 71.10(12)(f), and of the obligations of issuers of Medicare Supplement Insurance Policies under 211 CMR 71.10(12)(a). Such notice shall be communicated within ten working days of the Issuer receiving notification of disenrollment. (13)Guaranteed Coverage for Eligible Persons Consistent with the MMA.(a)Guaranteed Coverage.1. Eligible Persons, as defined by 211 CMR 71.03, who are eligible persons under the MMA, are those individuals described in 211 CMR 71.10(13)(b), who seek to enroll under the Policy during the period specified in 211 CMR 71.10(13)(c) and who submit evidence of enrollment in Medicare Part D along with the application for a Medicare Supplement Insurance Policy.2. With respect to MMA Eligible Persons, an Issuer shall not deny or condition the coverage or effectiveness of a Medicare Supplement Insurance Policy described in 211 CMR 71.10(13)(d), shall not discriminate in the pricing of such a Medicare Supplement Insurance Policy because of health status, claims experience, receipt of health care, or medical condition, and shall not impose an exclusion of benefits based on a preexisting condition under such a Medicare Supplement Insurance Policy.3. If MMA Eligible Persons also meet the requirements of being Initially Eligible for Coverage, as defined in 211 CMR 71.03, the individuals shall be entitled to guaranteed coverage under all Policies currently available from an Issuer as specified in 211 CMR 71.10(4), including the time periods specified.(b)MMA Eligible Person. MMA Eligible Persons are individuals who meet the definition of Eligible Person found in 211 CMR 71.03 and who enroll in a Medicare Part D plan during the initial enrollment period and, who at the time of enrollment in Part D,1. were enrolled under a Medicare Supplement Insurance Policy with an outpatient prescription drug benefit; and2. terminate enrollment in that Medicare Supplement Insurance Policy; and3. submit evidence of enrollment in Medicare Part D along with the application for a Policy described in 211 CMR 71.10(13)(d).(c)Guaranteed Coverage Time Periods. In the case of an individual described in 211 CMR 71.10(13)(b), the guaranteed coverage period begins on the date the individual receives notice pursuant to the federal Social Security Act § 1882(v)(2)(B) from the Medicare Supplement Insurance Issuer during the 60-day period immediately preceding the initial Part D enrollment period and ends on the date that is 63 days after the effective date of the individual's coverage under Medicare Part D.(d)Products to Which MMA Eligible Persons are Entitled. The Medicare Supplement Insurance Policy to which MMA Eligible Persons are entitled under 211 CMR 71.10(13)(b) is a Medicare Supplement Core Insurance Policy, or a Medicare Supplement 1 Insurance Policy from the same Issuer that issued the individual's Medicare Supplement Insurance Policy with outpatient prescription drug coverage. In the event that an Issuer has never issued a Medicare Supplement Core Insurance Policy or a Medicare Supplement 1 Insurance Policy, the Medicare Supplement Insurance Policy to which MMA Eligible Persons are entitled under 211 CMR 71.10(13)(b) is any Medicare Supplement Insurance Policy without outpatient prescription drug coverage from the same Issuer that issued the individual's Medicare Supplement Insurance Policy with outpatient prescription drug coverage.Amended by Mass Register Issue 1397, eff. 8/9/2019.