With a unanimous vote in the Delaware House of Representatives on June 12, the Delaware General Assembly has unanimously passed SB 71 in both chambers. This legislation, called a birthday rule, creates a special open enrollment window for persons already enrolled in a Medicare Supplement policy (also called Medigap) to switch to another plan that provides the same or lesser benefits, allowing Enrollees to find a plan that better fits their financial circumstances. Further, this bill allows those on Medicare Advantage plans to switch back to Medicare Supplement coverage, but does include a pre-existing condition limitation. The special open enrollment window begins 30 days before an eligible person’s birthday and remains open for 30 days following their birthday.
The legislation was put forth by primary sponsor Senator Ray Seigfried, with additional sponsors Senator Townsend and Representative Snyder-Hall. Without a birthday rule that allows an additional open enrollment window, individuals with Medicare Supplement coverage cannot change their plans without undergoing medical underwriting.
The bill is awaiting signature by Governor Matt Meyer.