Read the full stored bill text
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0134*
SENATE BILL 134
J5 6lr0039
(PRE–FILED) CF HB 275
By: Chair, Finance Committee (By Request – Departmental – Maryland Insurance
Administration)
Requested: September 16, 2025
Introduced and read first time: January 14, 2026
Assigned to: Finance
Committee Report: Favorable
Senate action: Adopted
Read second time: February 7, 2026
CHAPTER ______
AN ACT concerning 1
Medicare Supplement Policies – Issuance – Requirements 2
FOR the purpose of requiring a carrier that issues Medicare supplement policies to issue a 3
Medicare supplement policy to an individual who meet s certain criteria during 4
certain special enrollment periods; and generally relating to Medica re supplement 5
policies. 6
BY repealing and reenacting, with amendments, 7
Article – Insurance 8
Section 15–909(b) 9
Annotated Code of Maryland 10
(2017 Replacement Volume and 2025 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Insurance 14
15–909. 15
(b) (1) If an application for a Medicare supplement policy or certificate is 16
submitted during the 6 –month period beginning with the first month in which an 17
2 SENATE BILL 134
individual who is at least 65 years old first enrolls for benefits under Medicare Part B, a 1
carrier: 2
(i) may not deny or condition the issuance or effectiveness of the 3
Medicare supplement policy or certificate or discriminate in the pricing of the Medicare 4
supplement policy or certificate because of the health status, claims experience, receipt of 5
health care, or medical condition of the applicant; or 6
(ii) may not deny, reduce, or condition coverage or apply an 7
increased premium rating to an applicant for a Medicare supplement policy because of the 8
health status, claims experience, or medical condition of the applicant or the use of medical 9
care by the applicant. 10
(2) Notwithstanding paragraph (1)(ii) or [(6)(iii)2] (8)(III)2 of this 11
subsection, a carrier may include in a Medicare supplement policy a provision that complies 12
with subsection (d) of this section. 13
(3) A CARRIER THAT ISSUES MEDICARE SUPPLEMENT P OLICIES IN 14
THE STATE SHALL ISSUE ANY MEDICARE SUPPLEMENT POLICY THE CARRIER SELLS 15
TO AN INDIVIDUAL ELIGIBLE FOR MEDICARE IF THE INDIVIDUAL: 16
(I) WAS ENROLLED IN MEDICARE PART B WHILE ENROLLED IN 17
THE MARYLAND MEDICAL ASSISTANCE PROGRAM; 18
(II) WAS NOT DISENROLLED OR TERMINATED FROM T HE 19
MARYLAND MEDICAL ASSISTANCE PROGRAM UNTIL AT LEAS T 6 MONTHS 20
FOLLOWING THE EFFECTIVE DATE OF ENROLLMENT IN MEDICARE PART B; 21
(III) APPLIES FOR THE MEDICARE SUPPLEMENT POLICY DURING 22
THE 63–DAY PERIOD FOLLOWING THE LATER OF NOTICE OF TERMINATION OR 23
DISENROLLMENT OR THE DATE OF TERMINATION FROM THE MARYLAND MEDICAL 24
ASSISTANCE PROGRAM; AND 25
(IV) SUBMITS EVIDENCE OF THE DATE OF TERMINAT ION OR 26
DISENROLLMENT FROM T HE MARYLAND MEDICAL ASSISTANCE PROGRAM WITH 27
THE APPLICATION FOR A MEDICARE SUPPLEMENT POLICY. 28
(4) A CARRIER THAT ISSUES MEDICARE SUPPLEMENT P OLICIES IN 29
THE STATE SHALL ISSUE ANY MEDICARE SUPPLEMENT POLICY CURRENTLY OPEN 30
TO NEW ENROLLEES TO AN INDIVIDUAL ELIGIB LE FOR MEDICARE IF THE 31
INDIVIDUAL: 32
(I) BECAME ELIGIBLE FOR MEDICARE BEFORE JANUARY 1, 33
2020; 34
SENATE BILL 134 3
(II) QUALIFIES UNDER ANY FEDERAL SPECIAL ENRO LLMENT 1
PERIOD GUARANTEED ISSUE RIGHT, INCLUDING FOR PLANS ISSUED ON OR AFTER 2
JANUARY 1, 2020; 3
(III) APPLIES FOR THE MEDICARE SUPPLEMENT POLICY DURING 4
THE 63–DAY PERIOD FOLLOWING THE QUALIFYING EVENT FOR THE FEDE RAL 5
SPECIAL ENROLLMENT PERIOD GUARANTEED ISSUE RIGHT; AND 6
(IV) SUBMITS EVIDENCE OF THE DATE OF THE QUAL IFYING 7
EVENT FOR THE FEDERA L SPECIAL ENROLLMENT PERIOD GUARANTEED IS SUE 8
RIGHT WITH THE APPLICATION FOR A MEDICARE SUPPLEMENT POLICY. 9
[(3)] (5) (i) A carrier shall make available Medicare supplement 10
policy plans A and D to an individual who is under the age of 65 years but is eligible for 11
Medicare due to a disability, if an application for a Medicare supplement policy or certificate 12
is submitted: 13
1. during the 6 –month period following the applicant’s 14
enrollment in Part B of Medicare; or 15
2. if the applicant is notified by Medicare of the applicant’s 16
retroactive enrollment in Medicare, during the 6 –month period following notification of 17
enrollment in Medicare. 18
(ii) For a Medicare supplement policy plan A or D required to be 19
made available under subparagraph (i) of this paragraph, a carrier: 20
1. may not deny or condition the issuance or effectiveness of 21
a Medicare supplement policy plan A or D because of the health status, claims experience, 22
receipt of health care, or medical condition of the applicant; or 23
2. may not deny, reduce, or condition coverage to the 24
applicant for a Medicare supplement policy plan A or D because of the health status, claims 25
experience, or medical condition of the applicant or the use of medical care by the applicant. 26
(iii) For a Medicare supplement policy plan A required to be made 27
available under subparagraph (i) of this paragraph, a carrier may not charge individuals 28
who are under the age of 65 years, but are eligible for Medicare due to a disability, a rate 29
higher than the average of the premiums paid by all policyholders age 65 and older in the 30
State who are covered under that plan A policy form. 31
[(4)] (6) A carrier may elect to offer Medicare supplement policy plans to 32
individuals who are under the age of 65 years, but eligible for Medicare due to a disability, 33
in addition to the Medicare supplement policy plans A and D that are required to be offered 34
under paragraph [(3)(i)] (5)(I) of this subsection. 35
4 SENATE BILL 134
[(5)] (7) [Nothing in paragraph (3) ] PARAGRAPH (5) of this subsection 1
may NOT be construed to require a carrier to offer a Medicare supplement policy plan to 2
individuals who are under the age of 65 years, but are eligible for Medicare due to a 3
disability, if the plan is not offered to individuals who are eligible for Medicare due to age. 4
[(6)] (8) (i) This paragraph applies only on and after July 1, 2023. 5
(ii) During the 30 days following the birthday of an individual 6
enrolled in a Medicare supplement policy, a carrier shall make available to the individual 7
different Medicare supplement policies with benefits that are equal to or less than the 8
benefits of the individual’s existing coverage. 9
(iii) 1. For purposes of this paragraph, a Medicare supplement 10
policy has equal or lesser benefits unless: 11
A. it contains one or more significant benefits not included in 12
the Medicare supplement policy being replaced; or 13
B. it contains the same significant benefits included in the 14
Medicare supplement policy being replaced but it reduces the cost–sharing responsibilities 15
of the enrollee for the benefits. 16
2. The Commissioner shall adopt regulations establishing a 17
matrix for identifying which Medicare supplement policies have equal or lesser benefits. 18
(iv) For a Medicare supplement policy required to be made available 19
under subparagraph (ii) of this paragraph, a carrier may not: 20
1. deny or condition the issuance or effectiveness of a 21
Medicare supplement policy, or discriminate in the pricing of the policy, because of the 22
health status, claims experience, or medical condition of the individual or the receipt of 23
health care by the individual; or 24
2. deny, reduce, or condition coverage to the individual for a 25
Medicare supplement policy because of the health status, claims experience, or medical 26
condition of the individual or the use of medical care by the individual. 27
(v) A carrier that offers Medicare supplement policies shall notify an 28
insured of the insured’s rights under this paragraph at least 30 days, but not more than 60 29
days, before the insured’s birthday. 30
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 31
1, 2026. 32