An Act amending the act of December 15, 1982 (P.L.1291, No.292), known as the Medicare Supplement Insurance Act, providing for annual open enrollment period; and abrogating a regulation.

PRINTER'S NO. 1459
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1185
Session of
2026
INTRODUCED BY CAPPELLETTI, COLLETT, TARTAGLIONE, HAYWOOD, COSTA,
SANTARSIERO, KANE, COMITTA, SCHWANK, PISCIOTTANO, KEARNEY AND
VOGEL, FEBRUARY 27, 2026
REFERRED TO BANKING AND INSURANCE, FEBRUARY 27, 2026
AN ACT
Amending the act of December 15, 1982 (P.L.1291, No.292),
entitled "An act to provide for the reasonable
standardization and minimum loss ratios of coverage and
simplification of terms and benefits of group medicare
supplement accident and health insurance policies or group
subscriber contracts of health plan corporations and
nonprofit health service plans; to facilitate public
understanding and comparison of such policies; to eliminate
provisions contained in such policies which may be misleading
or confusing in connection with the purchase thereof or with
the settlement of claims; and to provide for full disclosure
in the sale of such coverages to persons eligible for
medicare by reason of age," providing for annual open
enrollment period; and abrogating a regulation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of December 15, 1982 (P.L.1291, No.292),
known as the Medicare Supplement Insurance Act, is amended by
adding a section to read:
Section 4.1. Annual open enrollment period.
(a) An insurer shall offer to an individual insured under a
policy or certificate an annual open enrollment period
commencing on the day of the individual's birthday and remaining
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
open for at least 90 days thereafter, during which time the
individual may purchase any Medicare supplement policy or
certificate made available by an insurer in this Commonwealth
that offers the same benefits as those provided by the current
coverage. Innovative benefits, as described in 42 U.S.C. §
1395ss(p)(4)(B) (relating to certification of medicare
supplemental health insurance policies), shall not be considered
when determining whether a Medicare supplement policy or
certificate includes the same benefits as those provided by the
current coverage.
(b) During the annual open enrollment period offered under
this section, an issuer may not deny or condition the issuance
or effectiveness of a Medicare supplement policy or certificate
available for sale in this Commonwealth, nor discriminate in the
pricing of a policy or certificate because of the health status,
claims history, receipt of health care or medical condition of
an individual currently insured under a policy or certificate.
(c) At least 15 days but not more than 30 days prior to the
commencement of an annual open enrollment period for an
individual to whom the open enrollment period established under
this section applies, the insurer issuing a Medicare supplement
policy or certificate shall notify each individual of:
(1) The dates on which the open enrollment period begins
and ends.
(2) The rights of the individual during the open
enrollment period.
(3) Any modification of the benefits provided by the
policy or certificate under which the individual is currently
insured or adjustment of the premiums charged for that policy
or certificate.
20260SB1185PN1459 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Section 2. The provisions of 31 Pa. Code § 89.778 are
abrogated insofar as they are inconsistent with the addition of
section 4.1 of the act.
Section 3. This act shall take effect in 60 days.
20260SB1185PN1459 - 3 -
1
2
3
4