# UT Insurance Bulletin 92-1: Apparent Practices that Violate the Open Enrollment Law > Utah · Agency guidance · In force URL: https://www.frixlaw.com/law-library/statutes/UT_INS_B_1992-01 ## Section - **Citation:** UT Insurance Bulletin 92-1 - **Heading:** Apparent Practices that Violate the Open Enrollment Law - **Jurisdiction:** Utah - **Kind:** Agency guidance - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Utah Insurance Department Bulletins and Orders / Apparent Practices that Violate the Open Enrollment Law ## Text BULLETIN 92-1 TO: Domestic Medicare Supplement Insurers FROM: Commissioner of Insurance DATE: March 3, 1992 RE: Apparent Practices that Violate the Open Enrollment Law The Omnibus Budget Reconciliation Act of 1990 (42 U.S.C. Section 1395 (s)(2)(A)) and Section 11 of the NAIC Medicare Supplement Insurance Model Regulation provide for a six month open enrollment period for Medicare beneficiaries 65 years of age or older who first enroll for benefits under Medicare Part B. These provisions state that Medicare supplement insurance issuers may not deny or condition the issuance or effectiveness of, nor discriminate in the pricing of a Medicare supplement policy during the open enrollment period. It has come to the attention of the NAIC Medicare Supplement and Other Limited Benefit Plans (B) Task Force that some Medicare supplement issuers have taken actions which are contrary to the legislative intent of the open enrollment requirement. These actions include the following: Creating a disincentive to sell Medicare supplement policies during the open enrollment period by establishing compensation arrangements that result in producers receiving substantially lower or no compensation for policies sold pursuant to the open enrollment provision. 1. Applying pre-existing condition limitation waiting periods only to those policies issued pursuant to the open enrollment provision. 2. Engaging in premium rating practices which result in higher premiums solely for those policies issued pursuant to the open enrollment provision. 3. The Task Force believes the practices outlined above violate the legislative intent and spirit of the federal law and violate the section in the model regulation on open enrollment which is patterned after the federal law. Insurers should be aware of the existing laws, both state and federal, regarding Medicare supplement insurance to determine whether violations appear to be occurring ovision. 3. The Task Force believes the practices outlined above violate the legislative intent and spirit of the federal law and violate the section in the model regulation on open enrollment which is patterned after the federal law. Insurers should be aware of the existing laws, both state and federal, regarding Medicare supplement insurance to determine whether violations appear to be occurring. Until such time as the Utah Insurance Department adopts the NAIC Model Regulation and has the authority to address violations, any evidence of such violations will be referred to the U.S. Department of Health and Human Services. DATED this 3rd day of March, 1992. Insurance Commissioner [Back to Top] Bulletin http://www.insurance.utah.gov/bulletin/92-1.htm 1 of 1 6/25/2008 3:45 PM ## Nearby sections - [UT Insurance Bulletin 86-5 “Claims Made” Liability Policy Disclosure Requirements](https://www.frixlaw.com/law-library/statutes/UT_INS_B_1986-05.md) - [UT Insurance Bulletin 87-6 Notice and Proof of Loss](https://www.frixlaw.com/law-library/statutes/UT_INS_B_1987-06.md) - [UT Insurance Bulletin 87-7 Group Life and Disability Insurance](https://www.frixlaw.com/law-library/statutes/UT_INS_B_1987-07.md) - [UT Insurance Bulletin 89-3 Loss of Income Benefit Under Personal Injury Protection Coverage, Section 31A-22-307(1)(b)(i), U.C.A.](https://www.frixlaw.com/law-library/statutes/UT_INS_B_1989-03.md) - [UT Insurance Bulletin 90-3 Temporomandibular Joint Dysfunction](https://www.frixlaw.com/law-library/statutes/UT_INS_B_1990-03.md) - [UT Insurance Bulletin 90-4 Universal Life and Interest Sensitive Life Policy Forms](https://www.frixlaw.com/law-library/statutes/UT_INS_B_1990-04.md) - [UT Insurance Bulletin 91-2 Excess and Surplus Lines Insurer Annual Statements](https://www.frixlaw.com/law-library/statutes/UT_INS_B_1991-02.md) - [UT Insurance Bulletin 92-1 Apparent Practices that Violate the Open Enrollment Law](https://www.frixlaw.com/law-library/statutes/UT_INS_B_1992-01.md) - [UT Insurance Bulletin 92-7 Workers’ Compensation Deductible, Reimbursement, Retention and Similar Plans](https://www.frixlaw.com/law-library/statutes/UT_INS_B_1992-07.md) - [UT Insurance Bulletin 94-1 Incorporation by Reference](https://www.frixlaw.com/law-library/statutes/UT_INS_B_1994-01.md) - [UT Insurance Bulletin 94-2 Procedures for Insured’s Inquiries Regarding Workers’ Compensation Rates](https://www.frixlaw.com/law-library/statutes/UT_INS_B_1994-02.md) - [UT Insurance Bulletin 94-4 Waiver of PIP Loss of Gross Income Benefits](https://www.frixlaw.com/law-library/statutes/UT_INS_B_1994-04.md) - [UT Insurance Bulletin 94-8 P.L. 103-432 — The Social Security Act Amendments of 1994 (Medicare Supplemental Technical Corrections](https://www.frixlaw.com/law-library/statutes/UT_INS_B_1994-08.md) - [UT Insurance Bulletin 95-2 Implementation of Department Rule R590-171, Surplus Lines Procedures Rule](https://www.frixlaw.com/law-library/statutes/UT_INS_B_1995-02.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/UT_INS_B_1992-01. Check the current official text before relying on it. Not legal advice.