Delaware Code § 18-3410

Coverage for persons eligible for Medicare due to disability
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(a) 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 65 who is eligible for Medicare due to a disability, including, without
limitation, end-stage renal disease, provided that the applicant submits his or her application during the first 6 months immediately
following such applicant's enrollment in Part B of Medicare or by January 15, 2014, whichever is later. The issuance or effectiveness of any
Medicare supplement policy pursuant to this section shall not be conditioned on, nor shall the price of the policy be discriminatory based
upon, the medical or health status or receipt of health care by the applicant; and no insurer shall perform individual medical underwriting
on any applicant in connection with the issuance of a policy pursuant to this section.
(b) Premium rates for Medicare supplement policies and certificates issued pursuant to this section may differ between persons who
qualify for Medicare who are 65 years of age or older and those who qualify for Medicare by reason of disability or end-stage renal
disease and who are younger than 65 years of age. For those Medicare supplement policies and certificates that are issued to persons who
are younger than 65 years of age and who qualify for Medicare by reason of disability or end-stage renal disease, insurers shall establish
2 separate rating pools for such persons, 1 pool specifically for end-stage renal disease and a separate pool for all other disabilities. For
purposes of this section, any differences in premium rates shall be pursuant to rate schedules that are based on sound actuarial principles
and shall be reasonable in relation to the benefits provided.
(c) Medicare supplement policies issued pursuant to this section shall be separately underwritten from other Medicare supplement
policies, and risks assumed by issuers pursuant to subsection (a) of this section shall not be subsidized by purchasers of Medicare
supplement policies that were not issued pursuant to subsection (a) of this section.

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