Happy Birthday!
(in Virginia and Utah)
The governors of Virginia and Utah recently signed bills implementing a “birthday rule.” For a listing of states with active “birthday rule” regulations and those states considering such legislation, check out our recent newsletter.
Virginia
House Bill 2100 / Senate Bill 1199
Effective July 1, 2025, insurers must offer Medicare Supplement policyholders an annual open enrollment period beginning on the individual's birthday and ending 60 days after, where the individual can purchase any policy made available by any insurer in Virginia that offers the same benefits as the current coverage (does not include innovative benefits).
During this open enrollment period, the insurer may not deny or condition the issuance, or discriminate in pricing, based on health status or claims history.
In addition, insurers must notify individuals at least 15 days, but no more than 30 days, prior to the commencement of this annual open enrollment period, and include:
dates on which the OE period begins and ends;
the rights of the individual during the OE period; and
any modification of benefits or adjustment of premiums for current policy.
Utah
Effective May 7, 2025, insurers must offer Medicare Supplement policyholders an annual open enrollment period beginning on the individual's birthday and ending 60 days after, where the individual can switch to a comparable or lower tier plan offered by the same issuer as their current plan, without medical underwriting.
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