(1) (a) An outline of coverage
shall be delivered to a prospective applicant for long-term care insurance at the
time of initial solicitation through means which prominently direct the attention of
the recipient to the document and its purpose.
(b) The commissioner shall prescribe a standard format, including style,
arrangement, and overall appearance, and the content of an outline of coverage.
(c) In the case of agent solicitations, an agent shall deliver the outline of
coverage prior to the presentation of an application or enrollment form.
(d) In the case of direct response solicitations, the outline of coverage must
be presented in conjunction with any application or enrollment form.
(e) In the case of a policy issued to a group defined in section 10-19-103
(4)(a), an outline of coverage shall not be required to be delivered if the information
described in subsection (2) of this section is contained in other materials relating to
enrollment. Upon request, these other materials shall be made available to the
commissioner.
(2) The outline of coverage shall include all of the following:
(a) A description of the principal benefits and coverage provided in the
policy;
(b) A statement of the principal exclusions, reductions, and limitations
contained in the policy;
(c) A statement of the terms under which the policy or certificate, or both,
may be continued in force or discontinued, including any reservation in the policy of
a right to change premium. Continuation or conversion provisions of group coverage
shall be specifically described.
(d) A statement that the outline of coverage is a summary only, not a
contract of insurance, and that the policy or group master policy contains the
governing contractual provisions;
(e) A description of the terms under which the policy or certificate may be
returned and premium refunded;
(f) A brief description of the relationship of cost of care and benefits;
(g) A statement that discloses to the policyholder or certificate holder
whether the policy is intended to be a federally tax-qualified long-term care
insurance contract under 26 U.S.C. sec. 7702B (b) of the federal Internal Revenue
Code of 1986, as amended.
(3) A certificate issued pursuant to a group long-term care insurance policy,
which policy is delivered or issued for delivery in this state, shall include:
(a) A description of the principal benefits and coverage provided in the
policy;
(b) A statement of the principal exclusions, reductions, and limitations
contained in the policy;
(c) A statement that the group master policy determines governing
contractual provisions; and
(d) A statement of the terms under which the policy or certificate, or both,
may be continued in force or discontinued, including any reservation in the policy of
a right to change premium. Continuation or conversion provisions of group coverage
shall be specifically described.
(4) (Deleted by amendment, L. 2007, p. 200, � 8, effective January 1, 2008.)
(5) Any policy or rider that is advertised, marketed, or offered as long-term
care or nursing home insurance shall comply with the provisions of this article.
(6) If an application for a long-term care insurance contract or certificate is
approved, the issuer shall deliver the contract or certificate of insurance to the
applicant no later than thirty days after the date of approval.
(7) (a) Prior to the sale of an individual life insurance policy that provides
long-term care benefits either within the policy or by rider, a policy summary shall
be delivered to the applicant. In the case of direct response solicitations, the insurer
shall deliver the policy summary upon the applicant's request, but regardless of
request shall make delivery no later than the time of the sale of the policy. In
addition to complying with all applicable requirements, the summary shall also
include:
(I) An explanation of how the long-term care benefit interacts with other
components of the policy, including deductions from death benefits;
(II) An illustration of the amount of benefits, the length of benefit, and the
guaranteed lifetime benefits, if any, for each covered person;
(III) Any exclusions, reductions, or limitations on benefits of long-term care;
(IV) A statement that any long-term care inflation protection option required
by section 10-19-113 is not available under the policy.
(b) If applicable to the policy type, the summary shall also include:
(I) A disclosure of the effects of exercising other rights under the policy;
(II) A disclosure of guarantees related to long-term care costs of insurance
charges; and
(III) Current and projected maximum lifetime benefits.
(c) The provisions of the policy summary listed in paragraphs (a) and (b) of
this subsection (7) may be incorporated into a basic illustration or into the life
insurance policy summary.
(8) Whenever a long-term care benefit, funded through a life insurance
vehicle by the acceleration of the death benefit, is in benefit payment status, a
monthly report shall be provided to the policyholder. The report shall include:
(a) Any long-term care benefits paid out during the month;
(b) An explanation of any changes in the policy, such as death benefits or
cash values, due to long-term care benefits being paid out; and
(c) The amount of long-term care benefits existing or remaining.
(9) If a claim under a long-term care insurance contract is denied, the issuer
shall, within sixty days of the date of a written request by the policyholder or
certificate holder, or a representative thereof:
(a) Provide a written explanation of the reasons for the denial; and
(b) Make available all information directly related to the denial.