§ 26.1-45-14 — Nonforfeiture benefits

1. Except as provided in subsection 2, a long-term care insurance policy may not be
delivered or issued for delivery in this state unless the policyholder or certificate holder
has been offered the option of purchasing a policy or certificate, including a
nonforfeiture benefit. The offer of a nonforfeiture benefit may be in the form of a rider
that is attached to the policy. In the event the policyholder or certificate holder declines
the nonforfeiture benefits, the insurer shall provide a contingent benefit upon lapse that
is available for a specific period of time following a substantial increase in premium
rates.
2. When a group long-term care insurance policy is issued, the offer required in
subsection 1 must be made to the group policyholder. However, if the policy is issued
as group long-term care insurance as defined in subdivision d of subsection 3 of
section 26.1-45-01, other than to a continuing care retirement community or other
similar entity, the offering must be made to each proposed certificate holder.
3. The commissioner shall adopt rules specifying the type of nonforfeiture benefits to be
offered as part of long-term care insurance policies and certificates, the standards for
nonforfeiture benefits, and the rules regarding contingent benefit upon lapse, including
a determining of the specific period of time during which a contingent benefit upon
lapse will be available and the substantial premium rate increase that triggers a
contingent benefit upon lapse as described in subsection 1.