Rules affected: OAR 836-052-0114, 836-052-0119, 836-052-0141, 836-052-0143, 836-052-0144
The federal Medicare Access and CHIP Reauthorization Act of 2015 (MACRA) was signed into law on April 16, 2015. Section 401 of MACRA prohibits the sale of Medicare Supplement policies that cover Medicare Part B deductibles to Medicare benefits that are first eligible for Medicare on or after January 1, 2020.
Because the National Association of Insurance Commissioners (NAIC) is responsible for maintaining the Model Regulation’s conformity to federal statutory standards, the NAIC amended the Model Regulation to Implement the NAIC Medicare Supplement Insurance Minimum Standards Model Act #651 to comply with the change in federal law and developed implementation guidance for states based upon the changes MACRA made to the Medicare Supplement standards.
Federal law requires states to adopt standards that are equal to or more stringent than the NAIC Model Regulation and failure to adopt the MACRA amendments prior to January 1, 2020 may result in federal enforcement of the MACRA standards.
The administrative rules need to be amended in order to provide timely direction to insurers who will need to ensure they are in compliance with MACRA by open enrollment for the 2020 plan year.
Filed: May 31, 2018
Public hearing: June 25, 2018 11 a.m.
Last day for public comment: July 2, 2018, 5 p.m.