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86. Wisconsin Accident and Health Insurance Law

Medicare Supplement Policies in Wisconsin

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Medicare supplement insurance is where Wisconsin departs most from the lettered Medigap plans you studied earlier. Wisconsin sets its own benefit package, riders and sales rules in s. Ins 3.39, Wis. Adm. Code, adopted under s. 632.81, Wis. Stat., and the Commissioner approves no Medicare supplement that fails them. Because buyers are older and often unsure what Medicare already pays, the rule puts specific duties on you as the agent.

How a Wisconsin Medicare Supplement Is Built (s. Ins 3.39 (5t))

A Wisconsin Medicare supplement may provide “only the coverage set out” in the Wisconsin rule (s. Ins 3.39 (4t) (a) 1.). Instead of choosing among lettered plans, the buyer gets one standard core, Basic Medicare Supplement Coverage, and adds optional riders.

The benefits available depend on when the person first became eligible for Medicare Parts A and B: before June 1, 2010; from June 1, 2010, until January 1, 2020; or on or after January 1, 2020 (s. Ins 3.39 (3g)). People in the last group are “newly eligible,” and a policy sold to them may not offer a Medicare Part B deductible rider (s. Ins 3.39 (5t) (a) 1.).

The policy carries the designation MEDICARE SUPPLEMENT INSURANCE and a caption that ends: “Do not buy this policy if you did not get this guide.”

Basic Medicare Supplement Coverage

Every standard Wisconsin Medicare supplement includes, among other benefits (s. Ins 3.39 (5t) (d)):

  • Hospital: Part A expenses from the 61st through the 90th day, lifetime reserve days, then an additional 365 days after Medicare hospital coverage runs out.
  • Psychiatric hospital: at least 175 days per lifetime after Medicare’s inpatient psychiatric coverage is exhausted.
  • Skilled nursing facility: coinsurance from the 21st through the 100th day.
  • Part B: coinsurance after the Part B deductible.
  • Blood: the first 3 pints.
  • Home care: at least 40 visits per 12-month period.
  • Preventive care Medicare does not cover: at least $120 a year.
  • Wisconsin mandates: kidney disease treatment, diabetes supplies, chiropractic care, hospital and anesthesia charges for dental care, and breast reconstruction.

The last item is the Wisconsin difference: state mandated benefits are built into every basic policy, whatever riders the buyer chooses.

Optional riders

Each option is a separate, separately priced rider (s. Ins 3.39 (5t) (e)):

  • Part A deductible rider: 100% of the Part A hospital deductible. A 50% Part A deductible rider pays half; an insured may not have both.
  • Additional home health care rider: up to 365 visits per policy year.
  • Part B copayment or coinsurance rider: the insured pays no more than $20 per office visit and $50 per emergency room visit, in addition to the Part B deductible.
  • Part B excess charges rider: the gap between Medicare’s approved amount and the provider’s charge, up to Medicare’s limiting charge.
  • Foreign travel emergency rider: at least 80% of billed charges for emergency care in the first 60 days of a trip, with a deductible of up to $250 and a lifetime maximum of at least $50,000.

Outside the enrollment windows described below, an insurer may underwrite a rider.

Insurers may also offer 50% and 25% cost-sharing plans, which share Medicare cost sharing up to an annual out-of-pocket limit, and a high deductible plan whose deductible is indexed each year (s. Ins 3.39 (5t) (g), (h), (k)). A Medicare select policy provides its coverage through a network of providers the insurer selects, and a Medicare cost policy covers services through the network of an insurer under contract with CMS (s. Ins 3.39 (3) (rm), (vm)).

Standards That Protect the Insured (s. Ins 3.39 (4t))

  • Preexisting conditions: no waiting period longer than 6 months, and only for a condition treated or advised on within 6 months before coverage began (s. Ins 3.39 (4t) (a) 2.; s. 632.76 (2) (b)).
  • Renewal: guaranteed renewable; cancelable “only for nonpayment of premium or material misrepresentation,” never for declining health. An HMO may also cancel if the insured moves out of its service area.
  • Medicaid suspension: an insured who qualifies for Medicaid may suspend benefits and premiums for up to 24 months by notifying the insurer within 90 days. Coverage is reinstated if the insured gives notice within 90 days of losing Medicaid and pays the premium.
  • Outline of coverage: given at application, with the applicant’s written acknowledgment.
  • Right to return: 30 days from delivery, for any reason (s. 632.73 (2m)). The insurer mails the refund directly to whoever paid the premium (s. Ins 3.39 (24) (f)).

When an Insurer Must Accept the Applicant

Open enrollment. During the 6-month period beginning with the first month a person is enrolled in Medicare Part B, an insurer may not refuse a policy or rider, or charge more, because of health (s. Ins 3.39 (3r)). For someone enrolled in Part B before age 65, the window starts in the month they turn 65. An applicant with at least 6 months of continuous creditable coverage faces no preexisting condition exclusion at all.

For example, Dale’s Part B coverage begins March 1. From then through the end of August, any insurer selling Medicare supplements in Wisconsin must issue him a basic policy and any rider it offers, without charging more because of his heart condition.

Guaranteed issue. Certain events create a new right to buy without underwriting (s. Ins 3.39 (34)): an employer plan that supplements Medicare ends, a Medicare Advantage plan leaves the person’s area, or a person who joined Medicare Advantage on first becoming eligible at 65 leaves it within 12 months. Most of these windows close 63 days after the old coverage ends.

In either window, the application tells the applicant not to answer health questions (s. Ins 3.39 (23) (e)). Outside open enrollment, before issuing to an applicant 75 or older, the insurer must obtain medical evidence or agree not to rescind except for intentional fraud (s. Ins 3.39 (14t) (i)).

Sidenote
Advise on timing

“You can always buy a supplement later” can cost a client coverage, because after open enrollment the insurer may underwrite. Check the client’s Part B effective date at your first meeting.

Your Duties When You Sell

At first contact. When you invite a prospect to apply, give them the Commissioner’s Wisconsin Guide to Health Insurance for People with Medicare and get a written acknowledgment (s. Ins 3.39 (11)).

On the application. The application states, “You do not need more than one Medicare supplement, Medicare cost or Medicare select policy.” On a form you sign, list every health policy you have sold the applicant that is still in force, and every one sold in the past 5 years that is not (s. Ins 3.39 (23)).

Appropriateness. Make reasonable efforts to determine whether a purchase or replacement is appropriate. A sale that leaves anyone with more than one Medicare supplement is prohibited (s. Ins 3.39 (25)).

Replacement. Before the policy is issued, give the replacement notice, signed by the applicant and you; the applicant and the insurer each keep a copy (s. Ins 3.39 (23) (c)). If the old policy was in effect at least 6 months, the new insurer credits time already served toward waiting periods (s. Ins 3.39 (27)).

Deadlines. Forward the application within 7 calendar days and premium within 7 days, and take no application more than 3 months before the person becomes eligible (s. Ins 3.39 (25)).

Compensation. First-year commission may not exceed 200% of the second-year commission, renewal commission must stay level for at least 5 renewal years, and a replacement pays no more than renewal commission (s. Ins 3.39 (21)). Moving seniors from policy to policy earns nothing extra.

Prohibited conduct. Twisting, high-pressure tactics and cold lead advertising are prohibited, as is discouraging anyone from complaining to OCI (s. Ins 3.39 (24)). “Medicare Supplement” and “Medigap” may describe only a complying policy. Advertisements are filed with the Commissioner before use, by the agent if they name no insurer (s. Ins 3.39 (15)).

Sidenote
Approval is not endorsement

Never present the Commissioner’s approval of a policy as a recommendation of it (s. Ins 3.39 (12)).

Lesson summary

  • Wisconsin Medicare supplements are Basic Medicare Supplement Coverage plus optional riders, not lettered plans.
  • The basic coverage includes Wisconsin mandated benefits such as kidney disease treatment, chiropractic care and 40 home care visits.
  • People newly eligible on or after January 1, 2020, cannot buy a Part B deductible rider.
  • Preexisting limits are capped at 6 months, the policy is guaranteed renewable, and the buyer has 30 days to return it.
  • Open enrollment runs 6 months from Part B enrollment; most guaranteed issue windows close 63 days after coverage ends.
  • Give the Medicare guide at first contact, list prior sales, use the replacement notice, and never sell a second supplement.
  • First-year commission is capped at 200% of the second-year commission, and a replacement pays only renewal commission.

Wisconsin’s Approach

  • Medicare supplements governed by s. Ins 3.39, Wis. Adm. Code (under s. 632.81, Wis. Stat.), not the federal lettered Medigap system
  • Buyer gets one standard Basic Medicare Supplement Coverage plus optional riders, instead of choosing among lettered plans
  • Eligibility date matters: before 6/1/2010, 6/1/2010–1/1/2020, or on/after 1/1/2020 (“newly eligible”)
    • Newly eligible applicants cannot buy a Part B deductible rider

Basic Coverage & Riders

  • Core basic benefits include: Part A days 61-90 + lifetime reserve + 365 extra days; 175 lifetime psychiatric hospital days; SNF coinsurance days 21-100; Part B coinsurance; first 3 pints blood; 40+ home care visits/year; $120/year preventive care
  • Wisconsin-mandated benefits built into every policy: kidney disease treatment, diabetes supplies, chiropractic care, dental hospital/anesthesia charges, breast reconstruction
  • Optional riders (separately priced): Part A deductible (100% or 50%, not both), additional home health (up to 365 visits), Part B copay/coinsurance cap ($20 office/$50 ER), Part B excess charges, foreign travel emergency (80% billed, $250 deductible, $50,000 lifetime max)
  • Also available: 50%/25% cost-sharing plans, high deductible plan, Medicare Select (network-based), Medicare Cost (CMS-contracted network)

Consumer Protections

  • Preexisting condition exclusion: max 6 months, only for conditions treated/advised on within prior 6 months
  • Guaranteed renewable; cancelable only for nonpayment or material misrepresentation (or HMO service-area move)
  • Medicaid suspension: up to 24 months, with 90-day notice rules for suspension and reinstatement
  • Outline of coverage required at application; 30-day free look with direct refund to premium payer

Guaranteed Acceptance Windows

  • Open enrollment: 6 months from Part B enrollment — no health-based refusal or rate-up; 6+ months prior creditable coverage waives preexisting exclusions entirely
  • Guaranteed issue: triggered by employer plan ending, Medicare Advantage leaving area, or early Advantage opt-out within 12 months; windows generally close 63 days after old coverage ends
  • Outside these windows, insurers may underwrite; age 75+ applicants need medical evidence or no-rescission agreement (except intentional fraud)

Agent Duties & Compliance

  • Must give Commissioner’s Medicare guide at first contact with written acknowledgment
  • Application must list all health policies sold to applicant (in force + past 5 years)
  • Must assess appropriateness; never sell a second Medicare supplement to same person
  • Replacement requires signed notice before issuance; prior policy time (6+ months) credits toward new waiting periods
  • Deadlines: forward application/premium within 7 days; no applications more than 3 months before eligibility
  • Commission caps: first-year ≤200% of second-year; level renewal commission for 5+ years; replacements pay only renewal rate
  • Prohibited: twisting, high-pressure sales, cold lead advertising, discouraging OCI complaints; policy approval ≠ endorsement

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Medicare Supplement Policies in Wisconsin

Medicare supplement insurance is where Wisconsin departs most from the lettered Medigap plans you studied earlier. Wisconsin sets its own benefit package, riders and sales rules in s. Ins 3.39, Wis. Adm. Code, adopted under s. 632.81, Wis. Stat., and the Commissioner approves no Medicare supplement that fails them. Because buyers are older and often unsure what Medicare already pays, the rule puts specific duties on you as the agent.

How a Wisconsin Medicare Supplement Is Built (s. Ins 3.39 (5t))

A Wisconsin Medicare supplement may provide “only the coverage set out” in the Wisconsin rule (s. Ins 3.39 (4t) (a) 1.). Instead of choosing among lettered plans, the buyer gets one standard core, Basic Medicare Supplement Coverage, and adds optional riders.

The benefits available depend on when the person first became eligible for Medicare Parts A and B: before June 1, 2010; from June 1, 2010, until January 1, 2020; or on or after January 1, 2020 (s. Ins 3.39 (3g)). People in the last group are “newly eligible,” and a policy sold to them may not offer a Medicare Part B deductible rider (s. Ins 3.39 (5t) (a) 1.).

The policy carries the designation MEDICARE SUPPLEMENT INSURANCE and a caption that ends: “Do not buy this policy if you did not get this guide.”

Basic Medicare Supplement Coverage

Every standard Wisconsin Medicare supplement includes, among other benefits (s. Ins 3.39 (5t) (d)):

  • Hospital: Part A expenses from the 61st through the 90th day, lifetime reserve days, then an additional 365 days after Medicare hospital coverage runs out.
  • Psychiatric hospital: at least 175 days per lifetime after Medicare’s inpatient psychiatric coverage is exhausted.
  • Skilled nursing facility: coinsurance from the 21st through the 100th day.
  • Part B: coinsurance after the Part B deductible.
  • Blood: the first 3 pints.
  • Home care: at least 40 visits per 12-month period.
  • Preventive care Medicare does not cover: at least $120 a year.
  • Wisconsin mandates: kidney disease treatment, diabetes supplies, chiropractic care, hospital and anesthesia charges for dental care, and breast reconstruction.

The last item is the Wisconsin difference: state mandated benefits are built into every basic policy, whatever riders the buyer chooses.

Optional riders

Each option is a separate, separately priced rider (s. Ins 3.39 (5t) (e)):

  • Part A deductible rider: 100% of the Part A hospital deductible. A 50% Part A deductible rider pays half; an insured may not have both.
  • Additional home health care rider: up to 365 visits per policy year.
  • Part B copayment or coinsurance rider: the insured pays no more than $20 per office visit and $50 per emergency room visit, in addition to the Part B deductible.
  • Part B excess charges rider: the gap between Medicare’s approved amount and the provider’s charge, up to Medicare’s limiting charge.
  • Foreign travel emergency rider: at least 80% of billed charges for emergency care in the first 60 days of a trip, with a deductible of up to $250 and a lifetime maximum of at least $50,000.

Outside the enrollment windows described below, an insurer may underwrite a rider.

Insurers may also offer 50% and 25% cost-sharing plans, which share Medicare cost sharing up to an annual out-of-pocket limit, and a high deductible plan whose deductible is indexed each year (s. Ins 3.39 (5t) (g), (h), (k)). A Medicare select policy provides its coverage through a network of providers the insurer selects, and a Medicare cost policy covers services through the network of an insurer under contract with CMS (s. Ins 3.39 (3) (rm), (vm)).

Standards That Protect the Insured (s. Ins 3.39 (4t))

  • Preexisting conditions: no waiting period longer than 6 months, and only for a condition treated or advised on within 6 months before coverage began (s. Ins 3.39 (4t) (a) 2.; s. 632.76 (2) (b)).
  • Renewal: guaranteed renewable; cancelable “only for nonpayment of premium or material misrepresentation,” never for declining health. An HMO may also cancel if the insured moves out of its service area.
  • Medicaid suspension: an insured who qualifies for Medicaid may suspend benefits and premiums for up to 24 months by notifying the insurer within 90 days. Coverage is reinstated if the insured gives notice within 90 days of losing Medicaid and pays the premium.
  • Outline of coverage: given at application, with the applicant’s written acknowledgment.
  • Right to return: 30 days from delivery, for any reason (s. 632.73 (2m)). The insurer mails the refund directly to whoever paid the premium (s. Ins 3.39 (24) (f)).

When an Insurer Must Accept the Applicant

Open enrollment. During the 6-month period beginning with the first month a person is enrolled in Medicare Part B, an insurer may not refuse a policy or rider, or charge more, because of health (s. Ins 3.39 (3r)). For someone enrolled in Part B before age 65, the window starts in the month they turn 65. An applicant with at least 6 months of continuous creditable coverage faces no preexisting condition exclusion at all.

For example, Dale’s Part B coverage begins March 1. From then through the end of August, any insurer selling Medicare supplements in Wisconsin must issue him a basic policy and any rider it offers, without charging more because of his heart condition.

Guaranteed issue. Certain events create a new right to buy without underwriting (s. Ins 3.39 (34)): an employer plan that supplements Medicare ends, a Medicare Advantage plan leaves the person’s area, or a person who joined Medicare Advantage on first becoming eligible at 65 leaves it within 12 months. Most of these windows close 63 days after the old coverage ends.

In either window, the application tells the applicant not to answer health questions (s. Ins 3.39 (23) (e)). Outside open enrollment, before issuing to an applicant 75 or older, the insurer must obtain medical evidence or agree not to rescind except for intentional fraud (s. Ins 3.39 (14t) (i)).

Sidenote
Advise on timing

“You can always buy a supplement later” can cost a client coverage, because after open enrollment the insurer may underwrite. Check the client’s Part B effective date at your first meeting.

Your Duties When You Sell

At first contact. When you invite a prospect to apply, give them the Commissioner’s Wisconsin Guide to Health Insurance for People with Medicare and get a written acknowledgment (s. Ins 3.39 (11)).

On the application. The application states, “You do not need more than one Medicare supplement, Medicare cost or Medicare select policy.” On a form you sign, list every health policy you have sold the applicant that is still in force, and every one sold in the past 5 years that is not (s. Ins 3.39 (23)).

Appropriateness. Make reasonable efforts to determine whether a purchase or replacement is appropriate. A sale that leaves anyone with more than one Medicare supplement is prohibited (s. Ins 3.39 (25)).

Replacement. Before the policy is issued, give the replacement notice, signed by the applicant and you; the applicant and the insurer each keep a copy (s. Ins 3.39 (23) (c)). If the old policy was in effect at least 6 months, the new insurer credits time already served toward waiting periods (s. Ins 3.39 (27)).

Deadlines. Forward the application within 7 calendar days and premium within 7 days, and take no application more than 3 months before the person becomes eligible (s. Ins 3.39 (25)).

Compensation. First-year commission may not exceed 200% of the second-year commission, renewal commission must stay level for at least 5 renewal years, and a replacement pays no more than renewal commission (s. Ins 3.39 (21)). Moving seniors from policy to policy earns nothing extra.

Prohibited conduct. Twisting, high-pressure tactics and cold lead advertising are prohibited, as is discouraging anyone from complaining to OCI (s. Ins 3.39 (24)). “Medicare Supplement” and “Medigap” may describe only a complying policy. Advertisements are filed with the Commissioner before use, by the agent if they name no insurer (s. Ins 3.39 (15)).

Sidenote
Approval is not endorsement

Never present the Commissioner’s approval of a policy as a recommendation of it (s. Ins 3.39 (12)).

Lesson summary

  • Wisconsin Medicare supplements are Basic Medicare Supplement Coverage plus optional riders, not lettered plans.
  • The basic coverage includes Wisconsin mandated benefits such as kidney disease treatment, chiropractic care and 40 home care visits.
  • People newly eligible on or after January 1, 2020, cannot buy a Part B deductible rider.
  • Preexisting limits are capped at 6 months, the policy is guaranteed renewable, and the buyer has 30 days to return it.
  • Open enrollment runs 6 months from Part B enrollment; most guaranteed issue windows close 63 days after coverage ends.
  • Give the Medicare guide at first contact, list prior sales, use the replacement notice, and never sell a second supplement.
  • First-year commission is capped at 200% of the second-year commission, and a replacement pays only renewal commission.
Key points

Wisconsin’s Approach

  • Medicare supplements governed by s. Ins 3.39, Wis. Adm. Code (under s. 632.81, Wis. Stat.), not the federal lettered Medigap system
  • Buyer gets one standard Basic Medicare Supplement Coverage plus optional riders, instead of choosing among lettered plans
  • Eligibility date matters: before 6/1/2010, 6/1/2010–1/1/2020, or on/after 1/1/2020 (“newly eligible”)
    • Newly eligible applicants cannot buy a Part B deductible rider

Basic Coverage & Riders

  • Core basic benefits include: Part A days 61-90 + lifetime reserve + 365 extra days; 175 lifetime psychiatric hospital days; SNF coinsurance days 21-100; Part B coinsurance; first 3 pints blood; 40+ home care visits/year; $120/year preventive care
  • Wisconsin-mandated benefits built into every policy: kidney disease treatment, diabetes supplies, chiropractic care, dental hospital/anesthesia charges, breast reconstruction
  • Optional riders (separately priced): Part A deductible (100% or 50%, not both), additional home health (up to 365 visits), Part B copay/coinsurance cap ($20 office/$50 ER), Part B excess charges, foreign travel emergency (80% billed, $250 deductible, $50,000 lifetime max)
  • Also available: 50%/25% cost-sharing plans, high deductible plan, Medicare Select (network-based), Medicare Cost (CMS-contracted network)

Consumer Protections

  • Preexisting condition exclusion: max 6 months, only for conditions treated/advised on within prior 6 months
  • Guaranteed renewable; cancelable only for nonpayment or material misrepresentation (or HMO service-area move)
  • Medicaid suspension: up to 24 months, with 90-day notice rules for suspension and reinstatement
  • Outline of coverage required at application; 30-day free look with direct refund to premium payer

Guaranteed Acceptance Windows

  • Open enrollment: 6 months from Part B enrollment — no health-based refusal or rate-up; 6+ months prior creditable coverage waives preexisting exclusions entirely
  • Guaranteed issue: triggered by employer plan ending, Medicare Advantage leaving area, or early Advantage opt-out within 12 months; windows generally close 63 days after old coverage ends
  • Outside these windows, insurers may underwrite; age 75+ applicants need medical evidence or no-rescission agreement (except intentional fraud)

Agent Duties & Compliance

  • Must give Commissioner’s Medicare guide at first contact with written acknowledgment
  • Application must list all health policies sold to applicant (in force + past 5 years)
  • Must assess appropriateness; never sell a second Medicare supplement to same person
  • Replacement requires signed notice before issuance; prior policy time (6+ months) credits toward new waiting periods
  • Deadlines: forward application/premium within 7 days; no applications more than 3 months before eligibility
  • Commission caps: first-year ≤200% of second-year; level renewal commission for 5+ years; replacements pay only renewal rate
  • Prohibited: twisting, high-pressure sales, cold lead advertising, discouraging OCI complaints; policy approval ≠ endorsement

More from Wisconsin Accident and Health Insurance Law

  • Wisconsin Health Policy Provisions
  • Wisconsin Mandated Benefits: Who Must Be Covered
  • Wisconsin Mandated Benefits: What Must Be Covered
  • Long-Term Care, Nursing Home and Specified Disease Policies
  • Small Employers, HIPAA, Continuation and Conversion