West Virginia law protects some Medicare supplement applicants from health screening

A policyholder may apply to replace their Medicare supplement policy once per calendar year without health screening. The person must be enrolled in a West Virginia Medicare supplement policy on their birthday. The replacement can provide only the same or fewer benefits. The replacement must come from the current insurer or an affiliated insurer unless neither has accepted applications for comparable coverage for at least 12 months; then the person may choose any authorized insurer. The insurer may not deny the policy, screen the applicant's health, or impose a pre-existing condition exclusion or waiting period. The new policy cannot start before the old one ends. At the applicant's request, its start may be delayed up to 90 days to coordinate coverage and premiums. The application window starts on the first day of the person's birthday month and lasts 60 days. Each replacement requires at least 24 months of continuous coverage before the policyholder can use this window again.

An insurer must issue an eligible person a Medicare supplement policy without health screening. The person must be at least 65, entitled to Medicare, and lose Medicaid eligibility. The right applies whether or not they previously had Medicare supplement coverage or had Medicaid when first eligible for Medicare. The person may choose any policy actively offered to new enrollees by an insurer authorized in West Virginia. The insurer may not deny the policy, screen the applicant's health, or impose a pre-existing condition exclusion or waiting period. Leaving a Medicare Advantage plan alone does not create this right. The 63-day period to buy a policy starts when Medicaid eligibility ends.

The Insurance Commissioner must report Medicare supplement premium trends to the Legislature. The report covers West Virginia premiums, including changes by insurer and plan type, statewide changes, and notable market trends. The report is informational. It does not authorize premium regulation, rate setting, or changes to rating methods. The written report is due by December 1 each year.