Can we retain annual and lifetime maximum limits for Medicare supplement plans?
A508. The existing regulations under HIPAA explicitly identify insured Medicare supplement plans (those that just fill in Medicare’s deductibles and coinsurance) as HIPAA-excepted benefits. Therefore, stand alone Medicare supplement plans may not be subject to the requirement to provide unlimited benefits. However, typical carve out plans (those that provide benefits that coordinate with Medicare instead of just supplement them) are not excepted, and will have to provide unlimited benefits under the new rules if they are provided in the same plan as active benefits. See Q 509 for a discussion of benefits offered under a separate retiree only plan.
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