| | 2-A. Low-cost drugs for the elderly or disabled program. An | issuer that offers standardized plans that include prescription | drug benefits shall permit an insured who has a plan from the | same issuer without prescription drug benefits to purchase a plan | with prescription drug benefits under the following | circumstances: |
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| A. The insured was covered under the low-cost drugs for the | elderly or disabled program established by Title 22, former | section 254 or section 254-D; |
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| B. The insured applies for a plan with prescription drug | coverage within 90 days after losing eligibility for the | low-cost drugs for the elderly or disabled program | established by Title 22, former section 254 or section 254- | D; and |
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| (1) Had a Medicare supplement plan with prescription | drug benefits from the same issuer prior to enrolling | in the low-cost drugs for the elderly or disabled | program established by Title 22, former section 254 or | section 254-D; or |
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| (2) Is entitled to continuity of coverage pursuant to | subsection 1 and has had prescription drug benefits, | through either a Medicare supplement plan or the low- | cost drugs for the elderly or disabled program | established by Title 22, section 254 254-D, since the | insured's open enrollment period with no gap in | prescription drug coverage in excess of 90 days. |
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| The purchase of a plan with prescription drug benefits by an insured | pursuant to this subsection does not affect eligibility for coverage | under the low-cost drugs for the elderly or disabled program established | by Title 22, section 254 254-D if the insured is not covered by a | Medicare supplement plan with prescription drug benefits at the time of | reapplying for coverage under the low-cost drugs for the elderly or | disabled program established by Title 22, section 254 254-D. |
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