State RegulationsNY specificDifficulty 2/5
A New York Medicare beneficiary already owns one standardized Medicare supplement plan but wants a different standardized plan that better fits her current needs. Under New York law, she may:
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Answer & full 3-part explanation (select an option above, or peek)
Why D is correct
Under Reg 193 (11 NYCRR Part 58) and 11 NYCRR 360.4(h), New York's year-round Medicare supplement open enrollment applies whenever a beneficiary applies - whether buying a first policy or changing to a different standardized plan. The insurer must make coverage available and may not rate the applicant for her health at any point in the year. New York deliberately removed both the timing gate and the health gate that federal law alone would impose.
Why the other options are wrong
- A) No year-end enrollment gate applies to Medicare supplement purchases in New York; applications are accepted every day of the year.
- B) No forced surrender or coverage gap is required first; the new application stands on its own under the year-round enrollment right.
- C) Evidence of insurability is not a condition of Medicare supplement issuance in New York; health status cannot be used to rate or refuse the applicant.
Memory hook
First policy or plan swap: any day, any health.