§ 58-54-45. By reason of disability. - North Carolina Statutes

§ 58‑54‑45.  Byreason of disability.

(a)        In addition to anyrule adopted under this Article that is directly or indirectly related to openenrollment, an insurer shall at least make standardized Medicare SupplementPlan A available to persons eligible for Medicare by reason of disabilitybefore age 65 and also standardized Plan C or F if marketing either Plan topersons eligible for Medicare due to age. This action shall be taken withoutregard to medical condition, claims experience, or health status. To beeligible, a person must submit an application during the six‑month periodbeginning with the first month the person first enrolls in Medicare Part B. Forthose persons that are retroactively enrolled in Medicare Part B due to aretroactive eligibility decision made by the Social Security Administration,the application must be submitted within a six‑month period beginningwith the month in which the person receives notification of the retroactiveeligibility decision.

(b)        Persons eligiblefor Medicare by reason of disability before age 65 who are enrolled in amanaged care plan and whose coverage under the managed care plan is terminatedthrough cancellation, nonrenewal, or disenrollment have the guaranteed right topurchase Medicare Supplement Plans A and C from any insurer within 63 daysafter the date of termination or disenrollment.

(c)        An insurer maydevelop premium rates specific to the disabled population. No insurer shalldiscriminate in the pricing of the Medicare supplement plans referred to in thissection because of the health status, claims experience, receipt of healthcare, or medical condition of an applicant where an application for the plan issubmitted during an open enrollment or is submitted within 63 days after themanaged care plan is terminated. The rates and any applicable rating factorsfor the Medicare supplement plans referred to in this section shall be filedwith and approved by the Commissioner.  (1998‑211, s. 13; 2001‑334, ss. 10.1,10.2; 2005‑223, s. 6; 2009‑382, s. 11.)