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TITLE 28INSURANCE
PART 1TEXAS DEPARTMENT OF INSURANCE
CHAPTER 3LIFE, ACCIDENT, AND HEALTH INSURANCE AND ANNUITIES
SUBCHAPTER TMINIMUM STANDARDS FOR MEDICARE SUPPLEMENT POLICIES
RULE §3.3306Minimum Benefit Standards

    (D) One hundred percent of the Medicare Part B excess charges: coverage for all of the difference between the actual Medicare Part B charges as billed, not to exceed any charge limitation established by the Medicare program or state law, and the Medicare-approved Part B charge.

    (E) Medically necessary emergency care in a foreign country: coverage to the extent not covered by Medicare for 80 percent of the billed charges for Medicare-eligible expenses for medically necessary emergency hospital, physician, and medical care received in a foreign country, which would have been covered by Medicare if provided in the United States and which care began during the first 60 consecutive days of each trip outside the United States, subject to a calendar year deductible of $250, and a lifetime maximum benefit of $50,000. For purposes of this benefit, "emergency care" means care needed immediately because of an injury or an illness of sudden and unexpected onset.

(c) Standard Medicare supplement benefit plans for 2010 Standardized Medicare supplement benefit plan policies or certificates issued or issued for delivery with an effective date for coverage on or after June 1, 2010. The following standards are applicable to all Medicare supplement policies or certificates issued or issued for delivery in this state with an effective date for coverage on or after June 1, 2010. No insurance policy, subscriber contract, certificate, or evidence of coverage may be advertised, solicited, or issued for delivery in this state as a Medicare supplement policy unless the policy, contract, certificate, or evidence of coverage complies with these benefit plan standards. Benefit plan standards applicable to Medicare supplement policies and certificates issued or issued for delivery with an effective date for coverage before June 1, 2010, remain subject to the laws and rules in effect when the policy or certificate was delivered, or issued for delivery.

  (1) An issuer of a Medicare supplement policy or certificate must comply with subparagraphs (A) and (B) of this paragraph:

    (A) An issuer must make available to each prospective policyholder and certificate holder a policy form or certificate form containing only the basic (core) benefits, as defined in subsection (b)(2) of this section.

    (B) If an issuer makes available any of the additional benefits described in subsection (b)(3) of this section, or offers standardized benefit Plans K or L (as described in paragraph (5)(I) and (J) of this subsection), then the issuer must make available to each prospective policyholder and certificate holder who first became eligible for Medicare before January 1, 2020, in addition to a policy form or certificate form with only the basic (core) benefits as described in subparagraph (A) of this paragraph, a policy form or certificate form containing either:

      (i) standardized benefit Plan C (as described in paragraph (5)(C) of this subsection); or

      (ii) standardized benefit Plan F (as described in paragraph (5)(E) of this subsection).

  (2) No groups, packages, or combinations of Medicare supplement benefits other than those listed in this subsection may be offered for sale in this state, except as may be permitted in paragraph (6) of this subsection and in §3.3325 of this title (relating to Medicare Select Policies, Certificates, and Plans of Operation).

  (3) Benefit plans must be uniform in structure, language, and format, as well as designation, to the standard benefit plans listed in this paragraph and conform to the definitions in §3.3303 of this title (relating to Definitions). Each benefit plan must be structured in accordance with the format provided in subsection (b)(2) and (b)(3) of this section or, in the case of Plans K or L, in accordance with the format provided in paragraph (5)(I) or (J) of this subsection, and list the benefits in the order shown. For purposes of this subsection, "structure, language, and format" means style, arrangement, and overall content of a benefit.

  (4) In addition to the benefit plan designations required in paragraph (3) of this subsection, an issuer may use other designations to the extent permitted by law.

  (5) The make-up of 2010 Standardized Benefit Plans is as specified in subparagraphs (A) - (L) of this paragraph.

    (A) Standardized Medicare supplement benefit Plan A must include only the following: The basic (core) benefits as defined in subsection (b)(2) of this section.

    (B) Standardized Medicare supplement benefit Plan B must include only the following: The basic (core) benefits as defined in subsection (b)(2) of this section, plus 100 percent of the Medicare Part A deductible as defined in subsection (b)(3)(A)(i) of this section.

    (C) Standardized Medicare supplement benefit Plan C must include only the following: The basic (core) benefits as defined in subsection (b)(2) of this section, plus 100 percent of the Medicare Part A deductible, skilled nursing facility care, 100 percent of the Medicare Part B deductible, and medically necessary emergency care in a foreign country as defined in subsection (b)(3)(A)(i), (B), (C), and (E) of this section, respectively.

    (D) Standardized Medicare supplement benefit Plan D must include only: The basic (core) benefits (as defined in subsection (b)(2) of this section), plus 100 percent of the Medicare Part A deductible, skilled nursing facility care, and medically necessary emergency care in a foreign country as defined in subsection (b)(3)(A)(i), (B), and (E) of this section, respectively.

    (E) Standardized Medicare supplement (regular) Plan F must include only the following: The basic (core) benefits as defined in subsection (b)(2) of this section, plus 100 percent of the Medicare Part A deductible, the skilled nursing facility care, 100 percent of the Medicare Part B deductible, 100 percent of the Medicare Part B excess charges, and medically necessary emergency care in a foreign country as defined in subsection (b)(3)(A)(i), (B), (C), (D), and (E) of this section, respectively.

    (F) Standardized Medicare supplement Plan F with High Deductible must include 100 percent of covered expenses following the payment of the annual deductible set forth in clause (ii) of this subparagraph.

      (i) The basic (core) benefits as defined in subsection (b)(2) of this section, plus 100 percent of the Medicare Part A deductible, skilled nursing facility care, 100 percent of the Medicare Part B deductible, 100 percent of the Medicare Part B excess charges, and medically necessary emergency care in a foreign country as defined in subsection (b)(3)(A)(i), (B), (C), (D), and (E) of this section, respectively.

      (ii) The annual deductible in Plan F with High Deductible must consist of out-of-pocket expenses, other than premiums, for services covered by regular Plan F, and must be in addition to any other specific benefit deductibles. The basis for the deductible is $2,240 for 2018, and will be adjusted annually by the Secretary to reflect the change in the Consumer Price Index for all urban consumers for the 12-month period ending with August of the preceding year, and rounded to the nearest multiple of $10.

    (G) Standardized Medicare supplement benefit Plan G must include only the following: The basic (core) benefits as defined in subsection (b)(2) of this section, plus 100 percent of the Medicare Part A deductible, skilled nursing facility care, 100 percent of the Medicare Part B excess charges, and medically necessary emergency care in a foreign country as defined in subsection (b)(3)(A)(i), (B), (D), and (E), respectively. Effective January 1, 2020, Plan G with a High Deductible, as described in subsection (c)(5)(H), may be offered to any individual who is eligible for Medicare before January 1, 2020.

    (H) Standardized Medicare supplement Plan G with High Deductible must include 100 percent of the covered expenses following the payment of the annual deductible set forth in clause (ii) of this subparagraph, but will not provide coverage for any portion of the Medicare Part B deductible. The Medicare Part B deductible paid by the beneficiary will be considered an out-of-pocket expense in meeting the annual high cost deductible.

      (i) The basic (core) benefits as defined in subsection (b)(2) of this section, plus 100 percent of the Medicare Part A deductible, skilled nursing facility care, 100 percent of the Medicare Part B excess charges, and medically necessary emergency care in a foreign country as defined in subsection (b)(3)(A)(i), (B), (D), and (E), respectively.

      (ii) The annual deductible in Plan G with High Deductible must consist of out-of-pocket expenses, other than premiums, for services covered by regular Plan G, and must be in addition to any other specific benefit deductibles. The basis for the deductible is $2,240 for 2018, and will be adjusted annually by the Secretary to reflect the change in the Consumer Price Index for all urban consumers for the 12-month period ending with August of the preceding year, and rounded to the nearest multiple of $10.

    (I) Standardized Medicare supplement Plan K must include only the following:

Cont'd...

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