New Medicare Supplement Regulatory Updates
New Mexico, Maryland, and West Virginia recently approved legislation impacting Medicare Supplement insurance.
New Mexico
SB21 - Effective Date: January 1, 2027
Medicare Supplement policyholders have an annual open enrollment (OE) period beginning on the first day of the individual's birthday month and ending at least 60 days after, where the individual can purchase any policy offered in the state that offers the same or lesser benefits than those provided by the current coverage. Insurers are prohibited from using medical underwriting, pre-existing condition exclusions, and discrimination in pricing. The insurer must issue a policyholder notification, which is to be filed and approved by the department before use, at least 30 days but not more than 60 days prior to the beginning of the open enrollment period.
Maryland
SB0134 / HB0275 - Effective Date: July 1, 2026
Medicare Supplement carriers should issue any Medicare Supplement policy they sell to a Medicare-eligible individual if the individual:
was enrolled in Medicare Part B while enrolled in the Maryland Medical Assistance Program;
was not disenrolled or terminated from the Maryland Medical Assistance Program until at least 6 months following the Medicare Part B effective date;
applies during the 63-day period following the notice of termination/disenrollment or the date of termination from the Maryland Medical Assistance Program; and
submits evidence of termination/disenrollment with the Medicare Supplement application.
Medicare Supplement carriers should issue any Medicare Supplement policy currently open to new enrollees to a Medicare-eligible individual if the individual:
became eligible for Medicare before 1/1/20;
qualifies under a federal special enrollment guaranteed issue period;
applies during the 63-day period following the qualifying event; and
submits evidence of the qualifying event with the Medicare Supplement application.
West Virginia
HB4869 - Effective Date: June 11, 2026
Medicare Supplement policyholders have an annual guaranteed issue (GI) period beginning on the first day of the month of the individual's birthday and ending 60 days after where the individual can purchase any policy, issued by the same (or affiliated) insurer that issued the existing policy, that offers the same or lesser benefits than those provided by the current coverage. If neither the issuing insurer nor any affiliated insurer of the existing policy has accepted applications for a Medicare Supplement policy providing the same or lesser benefits for a period of at least 12 months, the individual may purchase a Medicare Supplement policy with the same or lesser benefits from any insurer. The applicant's existing Medicare Supplement policy must have been continuously in force for at least 24 months as of the effective date of the replacement policy. Insurers are prohibited from using medical underwriting and pre-existing condition exclusions or waiting periods.
In addition, policyholders are guaranteed issuance of any Medicare Supplement policy offered by any issuer for 63 days after loss of Medicaid eligibility. Insurers are prohibited from using medical underwriting and pre-existing condition exclusions or waiting periods.
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