Hawaii Administrative Rules Title 16 Chapter 12, Medicare Supplement Insurance Minimum Standards, HAR 16-12-1 to 16-12-13 (REGULATIONS, not HRS)
Edition and licensing notes
Edition. Amendment and compilation of chapter 16-12 dated May 21, 2019; adopted January 14, 2019; filed July 22, 2019; effective ten days after filing (taken from the rule's own filing page)
Status. Hawaii Administrative Rules, Insurance Division, public domain.
What this document is
Hawaii Administrative Rules Title 16 Chapter 12, Medicare Supplement Insurance Minimum Standards, HAR 16-12-1 to 16-12-13 (REGULATIONS, not HRS) is a regulation published by Hawaii Department of Commerce and Consumer Affairs, Insurance Division. It is one of the Hawaii documents that insurance license exam questions are written from, including hawaii life & health practice questions. This page summarizes it and points to the official version, which is the text to rely on.
Sections cited in practice questions
Each practice answer shows the exact passage it comes from. These are sections of this document that questions cite, with a short excerpt from the source text.
- Hawaii Administrative Rules ch. 16-12 § 16-12-6.4(a) (Standards for claims payment)
“An issuer shall comply with Section 1882(c)(3) of the Social Security Act (as enacted by Section 4081(b)(2)(C) of the Omnibus Budget Reconciliation Act of 1987 (OBRA) 1987, Pub. L. No. 100-203) by: (1) Accepting a notice from a Medicare carrier on dually assigned claims submitted by participating...”
- Hawaii Administrative Rules ch. 16-12 § 16-12-12.9(b) (Prohibition against use of genetic information)
“An issuer of a Medicare supplement policy or certificate: (1) Shall not deny or condition the issuance or effectiveness of the policy or certificate (including the imposition of any exclusion of benefits under the policy based on a preexisting condition) on the basis of the genetic information with...”
- Hawaii Administrative Rules ch. 16-12 § 16-12-6.3(a)(2) (Guaranteed issue for eligible persons)
“With respect to eligible persons, an issuer shall not deny or condition the issuance or effectiveness of a Medicare supplement policy described in subsection (e) that is offered and is available for issuance to new enrollees by the issuer, shall not discriminate in the pricing of that Medicare...”
- Hawaii Administrative Rules ch. 16-12 § 16-12-6.2(a) (Open enrollment)
“No issuer shall deny or condition the issuance or effectiveness of any Medicare supplement policy or certificate available for sale in this State, nor discriminate in the pricing of a policy or certificate because of the health status, claims experience, receipt of health care, or medical condition...”
- Hawaii Administrative Rules ch. 16-12 § 16-12-12.8(a) (Prohibition against preexisting conditions and waiting periods in replacement policies)
“If a Medicare supplement policy or certificate replaces another Medicare supplement policy or certificate, the replacing issuer shall waive any time periods applicable to preexisting conditions, waiting periods, elimination periods, and probationary periods in the new Medicare supplement policy or...”
- Hawaii Administrative Rules ch. 16-12 § 16-12-5(b) (Policy provisions; prohibition on waivers for named preexisting conditions)
“No Medicare supplement policy or certificate may use waivers to exclude, limit, or reduce coverage or benefits for specifically named or described preexisting diseases or physical conditions.”
- Hawaii Administrative Rules ch. 16-12 § 16-12-6.1(m)(1) (Medicare Select policies; purchase of a policy without a restricted network)
“At the request of an individual insured under a Medicare Select policy or certificate, a Medicare Select issuer shall make available to the individual insured the opportunity to purchase a Medicare supplement policy or certificate offered by the issuer which has comparable or lesser benefits and...”
- Hawaii Administrative Rules ch. 16-12 § 16-12-8(e) (Required disclosure provisions; notice of right to return the policy)
“Medicare supplement policies and certificates shall have a notice prominently printed on the first page of the policy or certificate or attached thereto stating in substance that the policyholder or certificate holder shall have the right to return the policy or certificate within thirty days of...”
- Haw. Admin. R. § 16-12-12.4(c) (Hawaii Administrative Rules Title 16 Chapter 12, Medicare Supplement Insurance Minimum Standards)
“(c) An issuer shall not issue a Medicare supplement policy or certificate to an individual enrolled in Medicare Part C unless the effective date of the coverage is after the termination date of the individual's Part C coverage.”
- Haw. Admin. R. § 16-12-7.6(c) (Hawaii Administrative Rules Title 16 Chapter 12, Medicare Supplement Insurance Minimum Standards)
“(c) No issuer or other entity shall provide compensation to its agents or other producers and no agent or producer shall receive compensation greater than the renewal compensation payable by the replacing issuer on renewal policies or certificates if an existing policy or certificate is replaced.”
- Haw. Admin. R. s. 16-12-9(a) and (b) (Outline of coverage requirements for Medicare supplement policies)
“§16-12-9 Outline of coverage requirements for Medicare supplement policies. (a) Issuers shall provide an outline of coverage to all applicants at the time the application is presented to the prospective applicant and, except for direct response policies, shall obtain an acknowledgment of receipt of...”
- Haw. Admin. R. s. 16-12-12.2(b) (Standards for marketing, prohibited acts and practices)
“(b) In addition to the practices prohibited in article 13 of chapter 431, HRS, the following acts and practices are prohibited: (1) Twisting. Knowingly making any misleading representation or incomplete or fraudulent comparison of any insurance policies or insurers for the purpose of inducing, or...”
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