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Home » US Law » 2022 Rhode Island General Laws » Title 27 - Insurance » Chapter 27-34.2 - Long Term Care Insurance

Section 27-34.2-1. – Purpose.

§ 27-34.2-1. Purpose. The purpose of this chapter is to promote the public interest, to promote the availability of long term care insurance policies, to protect applicants for long term care insurance, as defined, from unfair or deceptive sales or enrollment practices, to establish standards for long term care insurance, to facilitate public understanding and […]

Section 27-34.2-10. – Enforcement and penalties.

§ 27-34.2-10. Enforcement and penalties. (a)(1) If the director for any reason has cause to believe that any violation of this chapter has occurred or is threatened, the director may give notice to any persons who appear to be involved in the suspected violation to arrange a conference with the alleged violators or their authorized […]

Section 27-34.2-12. – Unintentional policy lapse.

§ 27-34.2-12. Unintentional policy lapse. (a) Each insurer offering long term care insurance shall, as a protection against unintentional lapse comply with the following: (1)(i) No individual long term care policy or certificate shall be issued until the insurer has received from the applicant either: a written designation of at least one person, in addition […]

Section 27-34.2-13. – Requirement to offer inflation protection.

§ 27-34.2-13. Requirement to offer inflation protection. (a) No insurer may offer a long term care insurance policy unless the insurer also offers to the policyholder in addition to any other inflation protection the option to purchase a policy that provides for benefit levels to increase with benefit maximums or reasonable durations which are meaningful […]

Section 27-34.2-14. – Standards for marketing.

§ 27-34.2-14. Standards for marketing. (a) Every insurer, healthcare services plan, or other entity marketing long-term care insurance coverage in this state, directly or through its producers, shall: (1) Establish marketing procedures to assure that any comparison of policies by its agents or other insurance producers and agent training requirements will be fair and accurate; […]

Section 27-34.2-15. – Requirement to deliver shopper’s guide.

§ 27-34.2-15. Requirement to deliver shopper’s guide. (a) A long term care insurance shopper’s guide in the format developed by the National Association of Insurance Commissioners, or a guide developed or approved by the director, shall be provided to all prospective applicants of a long term care insurance policy or certificate. (b) In the case […]

Section 27-34.2-16. – Authority to promulgate regulations.

§ 27-34.2-16. Authority to promulgate regulations. The director shall issue reasonable regulations to promote premium adequacy and to protect the policymaker in the event of substantial rate increases, and to establish minimum standards for producer education, marketing practices, producer compensation, producer testing, penalties and reporting practices for long-term care insurance. History of Section.P.L. 1993, ch. […]

Section 27-34.2-18. – Pre-certification for Medicaid protection of resources.

§ 27-34.2-18. Pre-certification for Medicaid protection of resources. The department of business regulation shall pre-certify long term care insurance policies which meet all other applicable requirements imposed by this chapter and which: (1) Offer the option of home and community based services in addition to nursing home care; (2) In all home care plans, include […]

Section 27-34.2-19. – Nonforfeiture benefits.

§ 27-34.2-19. Nonforfeiture benefits. (a) Except as provided in subsection (b), a long-term care insurance policy may not be delivered or issued for delivery in this state unless the policyholder or certificateholder has been offered the option of purchasing a policy or certificate including a nonforfeiture benefit. The offer of a nonforfeiture benefit may be […]

Section 27-34.2-2. – Scope.

§ 27-34.2-2. Scope. Long term care insurance is deemed to be accident and health insurance and is classified as such for the purposes of chapter 34.1 of this title, the Rhode Island Life and Health Insurance Guaranty Association Act. The requirements of this chapter apply to policies delivered or issued for delivery in this state, […]

Section 27-34.2-20. – Severability.

§ 27-34.2-20. Severability. If any provision of this chapter or the application of any provision to any person or circumstances is for any reason held to be invalid, the remainder of the chapter and the application of the provision to other persons or circumstances shall not be affected by that invalidity. History of Section.P.L. 1988, […]

Section 27-34.2-21. – Producer training requirements.

§ 27-34.2-21. Producer training requirements. (a) On or after January 1, 2008, an individual may not sell, solicit or negotiate long-term care insurance unless the individual is licensed as an insurance producer for accident and health or sickness or life and has completed a one-time training course. The training shall meet the requirements set forth […]

Section 27-34.2-22. – Discretionary clauses.

§ 27-34.2-22. Discretionary clauses. (a) No new or existing policy or certificate may contain any provision: (1) Purporting to reserve sole discretion to the insurance company to determine eligibility for benefits or interpret the terms of a policy or certificate; or (2) Specifying or affecting a standard of review upon which a court may review […]

Section 27-34.2-3. – Short title.

§ 27-34.2-3. Short title. This chapter may be known and cited as the “Long Term Care Insurance Act”. History of Section.P.L. 1988, ch. 201, § 1.

Section 27-34.2-4. – Definitions.

§ 27-34.2-4. Definitions. Unless the context requires otherwise, the following definitions apply throughout the chapter: (1) “Applicant” means: (i) In the case of an individual long term care insurance policy, the person who seeks to contract for benefits; and (ii) In the case of a group long term care insurance policy, the proposed certificate holder; […]

Section 27-34.2-5. – Extraterritorial jurisdiction — Group long term care insurance.

§ 27-34.2-5. Extraterritorial jurisdiction — Group long term care insurance. No group long term care insurance coverage may be offered to a resident of this state under a group policy issued in another state to a group described in § 27-34.2-4(4)(v), unless this state or another state having statutory and regulatory long term care insurance […]

Section 27-34.2-6. – Disclosure and performance standards for long-term-care insurance.

§ 27-34.2-6. Disclosure and performance standards for long-term-care insurance. (a) The director may adopt regulations that establish: (1) Standards for full and fair disclosure setting forth the manner, content, and required disclosures for the sale of long-term-care insurance policies, terms of renewability, initial and subsequent conditions of eligibility, nonduplication of coverage provisions, coverage of dependents, […]