Medicare Rights Responds to CMS Questions about People who have Medicare and Marketplace Coverage
The Affordable Care Act (ACA) requires Marketplace plans to keep people unless they ask to disenroll or stop paying their premiums under a consumer protection called “guaranteed renewability.” This means that people have a right to keep a plan that they are in and their plan cannot drop them because they become older or sicker.
In a recently proposed rule, the Centers for Medicare & Medicaid Services (CMS) asks whether this protection conflicts with a longstanding Medicare law that prohibits a health plan from selling a policy to a person who already has Medicare. Medicare Rights responded that guaranteed renewability should be maintained, based on both the simple reading of the law and on fundamental fairness.