CHAPTER 354

FORMERLY

HOUSE BILL NO. 267

AS AMENDED BY

HOUSE AMENDMENT NO. 5

AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE WITH RESPECT TO MEDICARE SUPPLEMENT INSURANCE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 34, Title 18 of the Delaware Code by re-designating the existing “§3409” as “§3410” and inserting a new “§3409” thereto as follows:

Ҥ3409. Coverage for Persons Eligible for Medicare Due to End Stage Renal Disease.

Each Medicare supplement policy or applicable certificate that an issuer currently, or at any time hereafter, makes available in this State shall be made available to any applicant under the age of sixty five (65) who is eligible for Medicare due to end stage renal disease, provided that the applicant submits his or her application:

(a) during first six months immediately following such applicant’s enrollment in Part B of Medicare; or

(b) within six months after the effective date of this section, whichever is later.

Policies issued pursuant to this Section shall be underwritten and rated separately from other Medicare Supplement policies, and shall not require subsidization by issuer nor by purchasers of issuer’s Medicare Supplement or other plans and policies not issued pursuant to this Section, and shall be subject to the applicable loss ratio standards.”

Section 2. Sunset. This act shall sunset and automatically be repealed unless reenacted on or before June 30, 2011.

Section 3. Effective Date. This act shall take effect 180 days following enactment.

Approved July 16, 2008