HB-5349, As Passed House, June 8, 2006

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5349

 

                        (As amended June 8, 2006)

 

 

 

 

 

 

 

 

      [A bill to amend 1956 PA 218, entitled

 

"The insurance code of 1956,"

 

by amending sections 1204c, 3915, 3927, 3935, and 3942 (MCL 500.1204c,

 

500.3915, 500.3927, 500.3935, and 500.3942), section 1204c as amended by

 

2006 PA 109 and sections 3915, 3927, 3935, and 3942 as added by 1992 PA

 

84, and by adding sections 1204f, 3906, 3910, 3910a, 3910b, 3925, 3926,

 

3926a, and 3941a.]

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1      [Sec. 1204c. (1) As used in this section:

 

 2        (a) "Hour" means a period of time of not less than 50 minutes.

 

 3        (b) "Insurance producer" means a life-health agent or property-


 
4  casualty agent.

 

 5        (c) "Life-health agent" means a resident or nonresident individual


 
6   insurance producer licensed for life, limited life, mortgage redemption,

 


House Bill No. 5349 (H-3) as amended June 8, 2006

 1  accident and health, or any combination thereof.

 

 2        (d) "Property-casualty agent" means a resident or nonresident

 

 3  individual insurance producer or solicitor licensed for automobile, fire,

 

 4  multiple lines, any limited or minor property and casualty line, or any

 

 5  combination thereof.

 

 6        (2) Unless the insurance producer has renewed his or her license

 

 7  pursuant to subsection (4), an insurance producer's hours of study

 

 8  accrued under this section shall be reviewed for license continuance as

 

 9  follows:

 

 10       (a) If the insurance producer's license number ends in "1" as

 

 11 follows:

 

 12       (i) If the insurance producer's last name starts with A to L, on

 

 13 January 1, 1995 and on January 1 every 2 years thereafter.

 

 14       (ii) If the insurance producer's last name starts with M to Z, on

 

 15 January 1, 1996 and on January 1 every 2 years thereafter.

 

 16     (b) If the insurance producer's license number ends in "2" as

 

 17 follows:

 

 18     (i) If the insurance producer's last name starts with A to L, on

 

 19 February 1, 1995 and on February 1 every 2 years thereafter.

 

 20       (ii) If the insurance producer's last name starts with M to Z, on

 

 21 February 1, 1996 and on February 1 every 2 years thereafter.

 

 22       (c) If the insurance producer's license number ends in "3" as

 

 23 follows:

 

 24     (i) If the insurance producer's last name starts with A to L, on

 25 March 1, 1995 and on March 1 every 2 years thereafter.

 26     (ii) If the insurance producer's last name starts with M to Z, on

 27 March 1, 1996 and on March 1 every 2 years thereafter.

House Bill No. 5349 (H-3) as amended June 8, 2006  (1 of 6)

 1        (d) If the insurance producer's license number ends in "4" as

 

 2 follows:

 

 3        (i) If the insurance producer's last name starts with A to L, on

June 1, 1995 and on June 1 every 2 years thereafter.

        (ii) If the insurance producer's last name starts with M to Z, on

June 1, 1996 and on June 1 every 2 years thereafter.

        (e) If the insurance producer's license number ends in "5" as

follows:

        (i) If the insurance producer's last name starts with A to L, on   July 1, 1995 and on July 1 every 2 years thereafter.

        (ii) If the insurance producer's last name starts with M to Z, on   July 1, 1996 and on July 1 every 2 years thereafter.

        (f) If the insurance producer's license number ends in "6" as follows:

        (i) If the insurance producer's last name starts with A to L, on   August 1, 1995 and on August 1 every 2 years thereafter.

        (ii) If the insurance producer's last name starts with M to Z, on   August 1, 1996 and on August 1 every 2 years thereafter.

        (g) If the insurance producer's license number ends in "7" as follows:

        (i) If the insurance producer's last name starts with A to L, on September 1, 1995 and on September 1 every 2 years thereafter.

        (ii) If the insurance producer's last name starts with M to Z, on September 1, 1996 and on September 1 every 2 years thereafter.

        (h) If the insurance producer's license number ends in "8" as follows:

        (i) If the insurance producer's last name starts with A to L, on October 1, 1995 and on October 1 every 2 years thereafter.

        (ii) If the insurance producer's last name starts with M to Z, on October 1, 1996 and on October 1 every 2 years thereafter.

        (i) If the insurance producer's license number ends in "9" as follows:

        (i) If the insurance producer's last name starts with A to L, on November 1, 1995 and on November 1 every 2 years thereafter.

        (ii) If the insurance producer's last name starts with M to Z, on November 1, 1996 and on November 1 every 2 years thereafter.

        (j) If the insurance producer's license number ends in "0" as follows:

        (i) If the insurance producer's last name starts with A to L, on December 1, 1995 and on December 1 every 2 years thereafter.

        (ii) If the insurance producer's last name starts with M to Z, on December 1, 1996 and on December 1 every 2 years thereafter.

        (3) If an insurance producer's hours of study would be reviewed according to the schedule under subsection (2) within 23 months after issuance of the initial license, the hours shall not be reviewed on the    first scheduled date following the issuance of the initial license and   shall be reviewed on the next scheduled review date following the first     review date according to the schedule under subsection (2), unless the         insurance producer has renewed his or her license pursuant to subsection

 

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House Bill No. 5349 (H-3) as amended June 8, 2006  (2 of 6)

(4).

        (4) Except as provided in subsections (11) to (14), before the     review date of each applicable 2-year period provided for under subsection         (2) or (3), an insurance producer wishing to renew his or her license shall        renew his or her license by attending or instructing not less than 24 hours       of continuing education classes approved by the commissioner or 24 hours of    home study if evidenced by successful completion of course work approved by      the commissioner. Of the 24 hours of continuing education required, not         less than 3 hours shall be in ethics in insurance classes or course work.

        (5) After reviewing recommendations made by the council under section 1204b, the commissioner shall approve a program of study if the commissioner determines that the program increases knowledge of insurance and related subjects as follows:

        (a) For a life-health agent program of study, the program offers instruction in 1 or more of the following:

        (i) The fundamental considerations and major principles of life insurance.

        (ii) The fundamental considerations and major principles of health insurance.

        (iii) Estate planning and taxation as related to insurance.

         (iv) Industry and legal standards concerning ethics in insurance.

        (v) Legal, legislative, and regulatory matters concerning insurance, the insurance code, and the insurance industry.

        (vi) Principal provisions used in life insurance contracts, health insurance contracts, or annuity contracts and differences in types of coverages.

        (vii) Accounting and actuarial considerations in insurance.

        (viii) Principles of agency management, excluding telemarketing or   other marketing instruction.

        (ix) The fundamental considerations, major principles, and statutory requirements of long-term care insurance.

        (b) For a property-casualty agent program of study, the program    offers instructions in 1 or more of the following:

         (i) The fundamental considerations and major principles of property insurance.

        (ii) The fundamental considerations and major principles of casualty insurance.

        (iii) Basic principles of risk management.

        (iv) Industry and legal standards concerning ethics in insurance.

        (v) Legal, legislative, and regulatory matters concerning insurance, the insurance code, and the insurance industry.

        (vi) Principal provisions used in casualty insurance contracts, no- fault insurance contracts, or property insurance contracts and differences        in types of coverages.

        (vii) Accounting and actuarial considerations in insurance.

        (viii) Principles of agency management, excluding telemarketing or   other marketing instruction.

        (6) A provider of a program of study for insurance producers applying for approval or reapproval from the commissioner under this section shall file, on a form provided by the commissioner, a description of the course of study including a description of the subject matter and course materials, hours of instruction, location of classroom,

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House Bill No. 5349 (H-3) as amended June 8, 2006  (3 of 6)

qualifications of instructors, and maximum student-instructor ratio and

shall pay a nonrefundable $25.00 filing fee. Any material change in a program of study shall require reapproval by the commissioner. If the information in an application for approval or reapproval is insufficient   for the commissioner to determine whether the program of study meets the requirements under subsection (5), the commissioner shall give written     notice to the provider, within 15 days after the provider's filing of the application for approval or reapproval, of the additional information      needed by the commissioner. An application for approval or reapproval shall        be considered approved unless disapproved by the commissioner within 90        days after the application for approval or reapproval is filed, or within        90 days after the receipt of additional information if the information was requested by the commissioner, whichever is later.

        (7) A provider of a program of study approved by the commissioner under this section shall pay a provider authorization fee of $500.00 for          the first year the provider's program of study was approved under this section and a $100.00 provider renewal fee for each year thereafter that   the provider offers the approved program of study.

        (8) A person dissatisfied with an approved program of study may petition the commissioner for a hearing on the program or the commissioner on his or her own initiative may request a hearing on a program of study. If the commissioner finds the petition to have been submitted in good     faith, that the petition if true shows the program of study does not     satisfy the criteria in subsection (5), or that the petition otherwise justifies holding a hearing, the commissioner shall hold a hearing pursuant      to chapter 4 of the administrative procedures act of 1969, 1969 PA 306, MCL        24.271 to 24.287, within 30 days after receipt of the petition and upon not      less than 10 days' written notice to the petitioner and the provider of the       program of study. If the commissioner requests a hearing on a program of          study on his or her own initiative, the commissioner shall hold a hearing        pursuant to chapter 4 of the administrative procedures act of 1969, 1969 PA       306, MCL 24.271 to 24.287, upon not less than 10 days' written notice to    the provider of the program of study.

        (9) If after a hearing under subsection (8) the commissioner finds that the program of study does not satisfy the requirements under subsection (5), the commissioner shall state, in a written order mailed    first-class to the petitioner and provider of the program of study, his or        her findings and the date upon which the commissioner will revoke approval      of the program of study which date shall be within a reasonable time of the issuance of the order.

        (10) A certificate of attendance or instruction of an approved program of study or a certificate of successful completion of course work shall be filed as directed by the commissioner on a form prescribed by the commissioner and shall indicate the name and number of the course of study, the number of hours, dates of completion, and the name and number of schools attended or taught by the insurance producer or the evidence of successful completion of course work. A representative of the approved program of study shall file the form and a fee of $1.00 per hour for course credit for each insurance producer license renewal as directed by the commissioner within 30 days after the insurance producer completes the program. A copy of the form shall also be mailed first-class to the insurance producer who attended, taught, or successfully completed the program of study. The commissioner may enter into contracts to provide for

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House Bill No. 5349 (H-3) as amended June 8, 2006  (4 of 6)

the administrative functions of this subsection.

        (11) The commissioner shall waive the continuing education

requirements of this section for an insurance producer if the producer is unable to comply with the continuing education requirements of this section        due to military service or if the commissioner determines that enforcement         of the requirements would cause a severe hardship. The commissioner shall          waive the continuing education requirements of this section for the      following insurance producers:

        (a) An insurance producer who is licensed to write only travel or baggage insurance policies and whose employment is for a purpose other than the sale of those policies.

        (b) An insurance producer who is licensed to write only limited    line credit insurance.

        (12) The commissioner may enter into reciprocal continuing education agreements with insurance commissioners from other states.

        (13) If an insurance producer has not met his or her continuing education requirements by the expiration date of his or her license, the insurance producer shall have a 90-day grace period in which to meet the continuing education requirements of this section. During the 90-day grace period, the insurance producer shall not solicit or sell new policies of insurance, bind coverage, or otherwise act as an insurance producer except that the insurance producer may continue to service policies previously    sold and may receive commissions on policies previously sold. If the    insurance producer has not met his or her continuing education requirements by the expiration of the 90-day grace period, the insurance producer's    license shall be canceled. An insurance producer whose license has been   canceled under this section may reapply for license to act as an insurance   producer under section 1204, except that the program of study requirements      under section 1204 shall not be waived.

        (14) An insurance producer who has sold his or her insurance business and who has not met the continuing education requirements of this section shall not solicit or sell new policies of insurance, bind coverage, or otherwise act as an insurance producer except that the insurance producer may continue to service policies previously sold and may receive commissions on policies previously sold as well as receive partial commissions on policies of insurance sold by a purchasing insurance producer. An insurance producer who is in the process of selling his or her insurance business and who has not met the continuing education requirements of this section shall not solicit or sell new policies of   insurance, bind coverage, or otherwise act as an insurance producer except         that the insurance producer may continue to service policies previously     sold and may receive commissions on policies previously sold as well as       receive partial commissions on policies of insurance sold by a purchasing          insurance producer, for a period not to exceed 12 months after the selling   insurance producer's license review date under subsection (2). An insurance producer whose license has been canceled and who wishes to resume       soliciting or selling new policies of insurance, bind coverage, or        otherwise act as an insurance producer and who has not met the continuing     education requirements within the immediately preceding 2-year period may         reapply for license to act as an insurance producer under section 1204.

        Sec. 1204f. (1) Each insurer that sells, solicits, or negotiates   long-term care insurance shall ensure that each producer whose duties   include selling, soliciting, or negotiating long-term care insurance

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House Bill No. 5349 (H-3) as amended June 8, 2006  (5 of 6)

completes a program of instruction as described in subsection (3) before selling, soliciting, or negotiating long-term care insurance.

        (2) A program of instruction required under this section may be

provided in conjunction with other producer training or separately. To satisfy subsection (1), a producer may document to an insurer that he or   she has obtained training as described in subsection (3) from any of the following:

        (a) Any insurer that sells, solicits, or negotiates long-term care insurance.

        (b) A program of instruction qualified under section 1204a.

         (c) A program of instruction qualified under section 1204c.

        (3) A program of instruction required under this section shall consist of topics related to long-term care insurance and long-term care services, including, but not limited to, all of the following:

        (a) State regulations and requirements, including, but not limited to, laws relating to adult financial exploitation.

        (b) Available long-term care services and providers.

        (c) Changes or improvements in long-term care services or providers.

        (d) Alternatives to the purchase of private long-term care insurance.

        (e) Differences in eligibility for benefits and tax treatment between policies intended to be federally qualified and those not intended to be federally qualified.

        (f) The effect of inflation in eroding the value of benefits and   the importance of inflation protection.

        (g) Consumer suitability standards and guidelines.

          (4) A program of instruction required under this section shall not include any training that is solely oriented to the sales or marketing of an insurer-specific long-term care product.]

 4        Sec. 3906. (1) An individual long-term care policy or

 

 5  certificate shall not be issued until the insurer has received

 

 6  from the applicant either a written designation of at least 1

 

 7  person, in addition to the applicant, who is to receive notice of

 

 8  lapse or termination of the policy or certificate for nonpayment

 

 9  of premium, or a written waiver dated and signed by the applicant

 

10  electing not to designate additional persons to receive notice.

 

11  The applicant may designate at least 1 person who is to receive

 

12  the notice of termination, in addition to the insured. A

 

13  designation shall not constitute acceptance of any liability on

 

14  the third party for services provided to the insured. The form

 

15  used for the written designation shall provide space clearly

 

16  designated for listing at least 1 person. The designation shall

 

17  include each person's full name and home address. For an

 

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House Bill No. 5349 (H-3) as amended June 8, 2006  (6 of 6)

18  applicant who elects not to designate an additional person, the

 

19  waiver shall state: "Protection against unintended lapse. I

 

20  understand that I have the right to designate at least 1 person

 

21  other than myself to receive notice of lapse or termination of

 

22  this long-term care insurance policy for nonpayment of premium. I

 

23  understand that notice will not be given until 30 days after a

 

24  premium is due and unpaid. I elect NOT to designate a person to

 

25  receive this notice." The insurer shall notify the insured of the

 

26  right to change this written designation, no less often than once

 

27  every 2 years.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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 1        (2) If the policyholder or certificateholder pays premium

 

 2  for a long-term care insurance policy or certificate through a

 

 3  payroll or pension deduction plan, subsection (1) does not apply

 

 4  until 60 days after the policyholder or certificateholder is no

 

 5  longer on such a payment plan. The application or enrollment form

 

 6  for such policies or certificates shall clearly indicate the

 

 7  payment plan selected by the applicant.

 

 8        (3) An individual long-term care policy or certificate shall

 

 9  not lapse or be terminated for nonpayment of premium unless the

 

10  insurer, at least 30 days before the effective date of the lapse

 

11  or termination, has given notice to the insured and to those

 

12  persons designated under subsection (1), at the address provided

 

13  by the insured for purposes of receiving notice of lapse or

 

14  termination. Notice shall be given by first-class United States

 

15  mail, postage prepaid, and notice shall not be given until 30

 

16  days after a premium is due and unpaid. Notice shall be

 

17  considered given 5 days after the date of mailing.

 

18        (4) A long-term care insurance policy or certificate shall

 

19  provide for reinstatement of coverage if the insurer is provided

 

20  proof that the policyholder or certificateholder was cognitively

 

21  impaired or had a loss of functional capacity before the grace

 

22  period contained in the policy expired. This option shall be

 

23  available to the insured if requested within 5 months after

 

24  termination and shall allow for the collection of past due

 

25  premium, where appropriate. The standard of proof of cognitive

 

26  impairment or loss of functional capacity shall not be more

 

27  stringent than the benefit eligibility criteria on cognitive


 

 1  impairment or the loss of functional capacity contained in the

 

 2  policy and certificate.

 

 3        (5) This section takes effect October 1, 2006 and applies to

 

 4  long-term care policies and certificates issued on or after

 

 5  October 1, 2006.

 

 6        Sec. 3910. (1) This section does not apply to life insurance

 

 7  policies or riders containing accelerated benefits for long-term

 

 8  care.

 

 9        (2) Except as provided in subsection (3), a long-term care

 

10  insurance policy shall not be delivered or issued for delivery in

 

11  this state unless the policyholder or certificateholder has been

 

12  offered the option of purchasing a policy or certificate

 

13  including a nonforfeiture benefit. An offer shall be in writing

 

14  if the nonforfeiture benefit is not otherwise described in the

 

15  outline of coverage or other materials given to the prospective

 

16  policyholder or certificateholder. The offer of a nonforfeiture

 

17  benefit may be in the form of a rider that is attached to the

 

18  policy. If the policyholder or certificateholder declines the

 

19  nonforfeiture benefit, the insurer shall provide a contingent

 

20  benefit upon lapse that shall be available for a specified period

 

21  of time following a substantial increase in premium rates.

 

22        (3) When a group long-term care insurance policy is issued,

 

23  the offer required in subsection (2) shall be made to the group

 

24  policyholder. However, if the policy is issued as group long-term

 

25  care insurance as defined in section 3901(c)(iv), other than to a

 

26  continuing care retirement community or other similar entity, the

 

27  offering shall be made to each proposed certificateholder.


 

 1        Sec. 3910a. (1) This section does not apply to life

 

 2  insurance policies or riders containing accelerated benefits for

 

 3  long-term care.

 

 4        (2) A policy or certificate offered with nonforfeiture

 

 5  benefits shall have coverage elements, eligibility, benefit

 

 6  triggers, and benefit length that are the same as coverage to be

 

 7  issued without nonforfeiture benefits. The nonforfeiture benefit

 

 8  included in the offer shall be the benefits described in

 

 9  subsection (8).

 

10        (3) If the offer required to be made under section 3910 is

 

11  rejected, the insurer shall provide a contingent benefit upon

 

12  lapse as described in this section for individual and group

 

13  policies without nonforfeiture benefits issued on and after

 

14  January 1, 2007.

 

15        (4) If a group policyholder elects to make the nonforfeiture

 

16  benefit an option to the certificateholder, a certificate shall

 

17  provide either the nonforfeiture benefit or the contingent

 

18  benefit upon lapse.

 

19        (5) Except as otherwise required, policyholders shall be

 

20  notified not less than 45 days before the due date of a premium

 

21  increase and of the amount of the increase.

 

22        (6) The contingent benefit on lapse is triggered every time

 

23  an insurer increases the premium rates to a level that results in

 

24  a cumulative increase of the annual premium equal to or exceeding

 

25  the percentage of the insured's initial annual premium as follows

 

26  based on the insured's issue age, and the policy or certificate

 

27  lapses within 120 days of the due date of the premium so


 

 1  increased:

 

 2           TRIGGERS FOR A SUBSTANTIAL PREMIUM INCREASE

 

 

3                                Percent Increase Over

Issue Age                     Initial Premium

5  29 and under                  200%

6  30-34                         190%

7  35-39                         170%

8  40-44                         150%

9  45-49                         130%

10 50-54                         110%

11 55-59                         90%

12 60                            70%

13 61                            66%

14 62                            62%

15 63                            58%

16 64                            54%

17 65                            50%

18 66                            48%

19 67                            46%

20 68                            44%

21 69                            42%

22 70                            40%

23 71                            38%

24 72                            36%

25 73                            34%

26 74                            32%

27 75                            30%

28 76                            28%

29 77                            26%

30 78                            24%


1  79                            22%

2  80                            20%

3  81                            19%

4  82                            18%

5  83                            17%

6  84                            16%

7  85                            15%

8  86                            14%

9  87                            13%

10 88                            12%

11 89                            11%

12 90 and over                   10%

 

 

13        (7) On or before the effective date of a substantial premium

 

14  increase as defined in subsection (6), the insurer shall do all

 

15  of the following:

 

16        (a) Offer to reduce policy benefits provided by the current

 

17  coverage without the requirement of additional underwriting so

 

18  that required premium payments are not increased.

 

19        (b) Offer to convert the coverage to a paid-up status with a

 

20  shortened benefit period as provided in subsection (8). This

 

21  option may be elected at any time during the 120-day period under

 

22  subsection (6).

 

23        (c) Notify the policyholder or certificateholder that a

 

24  default or lapse at any time during the 120-day period under

 

25  subsection (6) is considered to be the election of the offer to

 

26  convert under subdivision (b).

 

27        (8) Benefits continued as nonforfeiture benefits, including

 

28  contingent benefits upon lapse, are as follows:


 

 1        (a) For purposes of this subsection, attained age rating is

 

 2  defined as a schedule of premiums starting from the issue date

 

 3  that increases age at least 1% per year prior to age 50 and at

 

 4  least 3% per year beyond age 50.

 

 5        (b) For purposes of this subsection, the nonforfeiture

 

 6  benefit shall be of a shortened benefit period providing paid-up

 

 7  long-term care insurance coverage after lapse. The same benefits

 

 8  shall be payable for a qualifying claim, but the lifetime maximum

 

 9  dollars or days of benefits shall be determined as provided in

 

10  subdivision (c). As used in this subdivision, "same benefits"

 

11  means amounts and frequency in effect at the time of lapse but

 

12  not increased thereafter.

 

13        (c) The standard nonforfeiture credit will be equal to 100%

 

14  of the sum of all premiums paid, including the premiums paid

 

15  prior to any changes in benefits. The insurer may offer

 

16  additional shortened benefit period options, as long as the

 

17  benefits for each duration equal or exceed the standard

 

18  nonforfeiture credit for that duration. However, the minimum

 

19  nonforfeiture credit shall not be less than 30 times the daily

 

20  nursing home benefit at the time of lapse. In either event, the

 

21  calculation of the nonforfeiture credit is subject to the

 

22  limitation of subsection (9).

 

23        (d) The nonforfeiture benefit shall begin not later than the

 

24  end of the third year following the policy or certificate issue

 

25  date. The contingent benefit upon lapse shall be effective during

 

26  the first 3 years as well as thereafter. However, for a policy or

 

27  certificate with attained age rating, the nonforfeiture benefit


 

 1  shall begin on the earlier of the end of the tenth year following

 

 2  the policy or certificate issue date or the end of the second

 

 3  year following the date the policy or certificate is no longer

 

 4  subject to attained age rating.

 

 5        (e) Nonforfeiture credits may be used for all care and

 

 6  services qualifying for benefits under the terms of the policy or

 

 7  certificate, up to the limits specified in the policy or

 

 8  certificate.

 

 9        (9) All benefits paid by the insurer while the policy or

 

10  certificate is in premium paying status and in the paid-up status

 

11  shall not exceed the maximum benefits that would be payable if

 

12  the policy or certificate had remained in premium paying status.

 

13        (10) There shall be no difference in the minimum

 

14  nonforfeiture benefits as required under this section for group

 

15  and individual policies.

 

16        (11) This section is effective January 1, 2007 and shall

 

17  apply as follows:

 

18        (a) Except as otherwise provided in subdivision (b), this

 

19  section applies to any long-term care policy issued in this state

 

20  on or after January 1, 2007.

 

21        (b) This section does not apply to certificates issued on or

 

22  after January 1, 2007, under a group long-term care insurance

 

23  policy as defined in section 3901(c)(i), which policy was in force

 

24  at the time this section became effective.

 

25        (12) Premiums charged for a policy or certificate containing

 

26  nonforfeiture benefits or a contingent benefit on lapse are

 

27  subject to the loss ratio requirements of section 3926a treating


 

 1  the policy as a whole.

 

 2        (13) To determine whether contingent nonforfeiture upon

 

 3  lapse provisions are triggered under subsection (6), a replacing

 

 4  insurer that purchased or otherwise assumed a block or blocks of

 

 5  long-term care insurance policies from another insurer shall

 

 6  calculate the percentage increase based on the initial annual

 

 7  premium paid by the insured when the policy was first purchased

 

 8  from the original insurer.

 

 9        (14) For qualified long-term care insurance contracts that

 

10  are level premium contracts, an insurer shall offer a

 

11  nonforfeiture benefit that meets all of the following:

 

12        (a) Is appropriately captioned.

 

13        (b) Provides a benefit available in the event of a default

 

14  in the payment of any premiums and states that the amount of the

 

15  benefit may be adjusted subsequent to being initially granted

 

16  only as necessary to reflect changes in claims, persistency, and

 

17  interest as reflected in changes in rates for premium paying

 

18  contracts approved by the commissioner for the same contract

 

19  form.

 

20        (c) Provides at least 1 of the following:

 

21        (i) Reduced paid-up insurance.

 

22        (ii) Extended term insurance.

 

23        (iii) Shortened benefit period.

 

24        (iv) Other offerings approved by the commissioner that are

 

25  similar to subparagraphs (i) to (iii).

 

26        Sec. 3910b. (1) A long-term care insurance policy or

 

27  certificate shall provide that a policyholder or


 

 1  certificateholder who wishes to reduce coverage and lower the

 

 2  policy or certificate premium may choose at least 1 of the

 

 3  following options:

 

 4        (a) Reducing the lifetime maximum benefit.

 

 5        (b) Reducing the daily, weekly, or monthly benefit amount.

 

 6        (2) In addition to the reduction options listed in

 

 7  subsection (1), a long-term care insurer may offer additional

 

 8  reduction options that are consistent with the policy or

 

 9  certificate design or the insurer's administrative processes.

 

10        (3) A long-term care insurer shall include in the long-term

 

11  care insurance policy or certificate a description of the ways in

 

12  which coverage may be reduced and the process for requesting and

 

13  implementing a reduction in coverage.

 

14        (4) The age to determine the premium for reduced coverage

 

15  shall be based on the age used to determine the premiums for the

 

16  coverage currently in force.

 

17        (5) A long-term care insurer may limit any reduction in

 

18  coverage to plans available for that policy form and to those for

 

19  which benefits will be available after consideration of claims

 

20  paid or payable.

 

21        (6) If a long-term care insurance policy or certificate is

 

22  about to lapse, the insurer shall provide written notice to the

 

23  insured of the options in subsection (1) to lower the premium by

 

24  reducing coverage and of the premiums applicable to the reduced

 

25  coverage options. The insurer may include in the notice

 

26  additional options to those required in subsection (1). The

 

27  notice shall provide the insured at least 30 days in which to


 

 1  elect to reduce coverage, and the policy or certificate shall be

 

 2  reinstated without underwriting if the insured elects the reduced

 

 3  coverage.

 

 4        (7) This section applies to long-term care policies and

 

 5  certificates issued on or after January 1, 2007.

 

 6        Sec. 3915. A long-term care insurance policy sold before,

 

 7  on, or after June 2, 1992 shall not condition benefits on any of

 

 8  the following:

 

 9        (a) The prior institutionalization of the insured.

 

10        (b) Prior receipt of a higher level of institutional care.

 

11        Sec. 3925. (1) Except as provided in subsection (2), this

 

12  section applies to any long-term care policy or certificate

 

13  issued in this state on or after January 1, 2007.

 

14        (2) For a long-term care certificate issued on or after

 

15  January 1, 2007 under a group long-term care insurance policy

 

16  described in section 3901(c)(i), which policy was in force on

 

17  January 1, 2007, this section applies on the policy anniversary

 

18  date following January 1, 2007.

 

19        (3) Other than long-term care policies or certificates for

 

20  which no applicable premium rate or rate schedule increases can

 

21  be made, an insurer shall provide on forms approved by the

 

22  commissioner all of the following information to the applicant at

 

23  the time of application or enrollment or, if the method of

 

24  application does not allow for delivery at that time, an insurer

 

25  shall provide on forms approved by the commissioner all of the

 

26  following information to the applicant no later than at the time

 

27  of delivery of the policy or certificate:


 

 1        (a) A statement that the policy may be subject to rate

 

 2  increases in the future.

 

 3        (b) An explanation of potential future premium rate

 

 4  revisions, and the policyholder's or certificateholder's option

 

 5  in the event of a premium rate revision.

 

 6        (c) The premium rate or rate schedules applicable to the

 

 7  applicant that will be in effect until a request is made for an

 

 8  increase.

 

 9        (d) A general explanation for applying premium rate or rate

 

10  schedule adjustments that shall include a description of when

 

11  premium rate or rate schedule adjustments will be effective and

 

12  the right to a revised premium rate or rate schedule if the

 

13  premium rate or rate schedule is changed.

 

14        (e) Information concerning each premium rate increase on the

 

15  policy or certificate or similar policies or certificates over

 

16  the past 10 years for this state or any other state that, at a

 

17  minimum, identifies all of the following:

 

18        (i) The policies or certificates for which premium rates have

 

19  been increased.

 

20        (ii) The calendar years when the policy or certificate was

 

21  available for purchase.

 

22        (iii) The amount or percent of each increase. The percentage

 

23  may be expressed as a percentage of the premium rate prior to the

 

24  increase and may also be expressed as minimum and maximum

 

25  percentages if the rate increase is variable by rating

 

26  characteristics. An insurer may exclude from this disclosure

 

27  premium rate increases that only apply to blocks of business


 

 1  acquired from another nonaffiliated insurer or the long-term care

 

 2  policies or certificates acquired from another nonaffiliated

 

 3  insurer when those increases occurred prior to the acquisition.

 

 4  If an acquiring insurer files for a rate increase on a long-term

 

 5  care policy or certificate acquired from a nonaffiliated insurer

 

 6  or a block of policies or certificates acquired from a

 

 7  nonaffiliated insurer before the later of January 1, 2007 or the

 

 8  end of a 24-month period following the acquisition of the block

 

 9  of policies or certificates, the acquiring insurer may exclude

 

10  that rate increase from this disclosure. However, the

 

11  nonaffiliated selling company shall include the disclosure of

 

12  that rate increase as provided in subparagraph (i). If the

 

13  acquiring insurer files for a subsequent rate increase, even

 

14  within the 24-month period, on the same policy or certificate

 

15  acquired from a nonaffiliated insurer or block of policies or

 

16  certificates acquired from a nonaffiliated insurer, the acquiring

 

17  insurer shall make all disclosures required by this subdivision,

 

18  including disclosure of the earlier rate increase.

 

19        (4) The insurer may, in a fair manner, provide explanatory

 

20  information related to the rate increases in addition to that

 

21  required under subsection (3).

 

22        (5) Except as otherwise provided in this subsection, an

 

23  applicant shall sign an acknowledgment at the time of application

 

24  that the insurer made the disclosure required under subsection

 

25  (3). If due to the method of application the applicant cannot

 

26  sign an acknowledgment at the time of application, the applicant

 

27  shall sign an acknowledgment that the insurer made the disclosure


 

 1  required under subsection (3) no later than at the time of

 

 2  delivery of the policy or certificate.

 

 3        (6) An insurer shall provide notice of an upcoming premium

 

 4  rate schedule increase to all policyholders or

 

 5  certificateholders, if applicable, at least 45 days prior to the

 

 6  implementation of the premium rate schedule increase by the

 

 7  insurer. The notice shall include the information required by

 

 8  subsection (3) when the rate increase is implemented.

 

 9        (7) A long-term care insurer shall provide to an applicant a

 

10  long-term care insurance personal worksheet approved by the

 

11  commissioner that the applicant can use for help in determining

 

12  whether long-term care insurance should be purchased.

 

13        (8) A long-term care insurer shall provide to an applicant

 

14  who is 60 years of age or older or who is disabled a current

 

15  brochure, or the web address where the brochure can be obtained

 

16  and the telephone number for the agency that can provide the

 

17  brochure, from the state's medicare medicaid assistance program

 

18  that contains information on the availability of free and

 

19  independent insurance purchasing and public benefits counseling.

 

20        Sec. 3926. (1) This section applies to any long-term care

 

21  policy or certificate issued in this state on or after January 1,

 

22  2007.

 

23        (2) An insurer shall provide all of the following

 

24  information to the commissioner 30 days prior to making a long-

 

25  term care insurance policy or certificate available for sale:

 

26        (a) A copy of the disclosure documents required in section

 

27  3925.


 

 1        (b) An actuarial certification consisting of at least all of

 

 2  the following:

 

 3        (i) A statement that the initial premium rate schedule is

 

 4  sufficient to cover anticipated costs under moderately adverse

 

 5  experience and that the premium rate schedule is reasonably

 

 6  expected to be sustainable over the life of the policy or

 

 7  certificate with no future premium increases anticipated.

 

 8        (ii) A statement that the policy or certificate design and

 

 9  coverage provided have been reviewed and taken into

 

10  consideration.

 

11        (iii) A statement that the underwriting and claims

 

12  adjudication processes have been reviewed and taken into

 

13  consideration.

 

14        (iv) A complete description of the basis for contract

 

15  reserves that are anticipated to be held under the policy or

 

16  certificate, with sufficient detail or sample calculations

 

17  provided so as to have a complete depiction of the reserve

 

18  amounts to be held, a statement that the assumptions used for

 

19  reserves contain reasonable margins for adverse experience, a

 

20  statement that the net valuation premium for renewal years does

 

21  not increase except for attained-age rating where permitted, and

 

22  a statement that the difference between the gross premium and the

 

23  net valuation premium for renewal years is sufficient to cover

 

24  expected renewal expenses or if such a statement cannot be made,

 

25  a complete description of the situations where this does not

 

26  occur. An aggregate distribution of anticipated issues may be

 

27  used as long as the underlying gross premiums maintain a


 

 1  reasonably consistent relationship. If the gross premiums for

 

 2  certain age groups appear to be inconsistent with this

 

 3  requirement, the commissioner may request a demonstration under

 

 4  subsection (3) based on a standard age distribution.

 

 5        (v) A statement that the premium rate schedule is not less

 

 6  than the premium rate schedule for existing similar policies or

 

 7  certificates also available from the insurer except for

 

 8  reasonable differences attributable to benefits or a comparison

 

 9  of the premium schedules for similar policies or certificates

 

10  that are currently available from the insurer with an explanation

 

11  of the differences.

 

12        (3) Prior to the expiration of the 30 days under subsection

 

13  (2), the commissioner may request an actuarial demonstration that

 

14  benefits are reasonable in relation to premiums. The actuarial

 

15  demonstration shall include either premium and claim experience

 

16  on similar policies or certificates, adjusted for any premium or

 

17  benefit differences, or relevant and credible data from other

 

18  studies, or both. If the commissioner asks for this additional

 

19  information, the 30-day time period under subsection (2) is

 

20  tolled until the commissioner receives the requested information.

 

21        Sec. 3926a. (1) Except as provided in subsection (2), this

 

22  section applies to any long-term care policy or certificate

 

23  issued in this state on or after January 1, 2007.

 

24        (2) For certificates issued on or after January 1, 2007

 

25  under a group long-term care insurance policy described in

 

26  section 3901(c)(i), which policy was in force on January 1, 2007,

 

27  this section applies on the policy anniversary date following


 

 1  January 1, 2007.

 

 2        (3) An insurer shall provide notice of a pending premium

 

 3  rate schedule increase, including an exceptional increase, to the

 

 4  commissioner at least 30 days prior to the notice to the

 

 5  policyholders. This notice to the commissioner shall include all

 

 6  of the following:

 

 7        (a) Information required by section 3925.

 

 8        (b) Certification by a qualified actuary that if the

 

 9  requested premium rate schedule increase is implemented and the

 

10  underlying assumptions, which reflect moderately adverse

 

11  conditions, are realized, no further premium rate schedule

 

12  increases are anticipated and that the premium rate filing is in

 

13  compliance with the provisions of this section.

 

14        (c) An actuarial memorandum justifying the rate schedule

 

15  change request that includes all of the following:

 

16        (i) Lifetime projections of earned premiums and incurred

 

17  claims based on the filed premium rate schedule increase and the

 

18  method and assumptions used in determining the projected values,

 

19  including reflection of any assumptions that deviate from those

 

20  used for pricing other policies or certificates currently

 

21  available for sale. Annual values for the 5 years preceding and

 

22  the 3 years following the valuation date shall be provided

 

23  separately. The projections shall include the development of the

 

24  lifetime loss ratio, unless the rate increase is an exceptional

 

25  increase. The projections shall demonstrate compliance with

 

26  subsection (4). For exceptional increases, the projected

 

27  experience shall be limited to the increases in claims expenses


 

 1  attributable to the approved reasons for the exceptional increase

 

 2  and if the commissioner determines that offsets may exist, the

 

 3  insurer shall use appropriate net projected experience.

 

 4        (ii) If the rate increase will trigger contingent benefit

 

 5  upon lapse, disclosure of how reserves have been incorporated in

 

 6  this rate increase.

 

 7        (iii) Disclosure of the analysis performed to determine why a

 

 8  rate adjustment is necessary, which pricing assumptions were not

 

 9  realized and why, and what other actions taken by the insurer

 

10  have been relied on by the actuary.

 

11        (iv) A statement that policy design, underwriting, and claims

 

12  adjudication practices have been taken into consideration.

 

13        (v) If it is necessary to maintain consistent premium rates

 

14  for new certificates and certificates receiving a rate increase,

 

15  the insurer will need to file composite rates reflecting

 

16  projections of new certificates.

 

17        (d) A statement that renewal premium rate schedules are not

 

18  greater than new business premium rate schedules except for

 

19  differences attributable to benefits, unless sufficient

 

20  justification is provided to the commissioner.

 

21        (e) Sufficient information for review and approval of the

 

22  premium rate schedule increase by the commissioner.

 

23        (4) All premium rate schedule increases shall be determined

 

24  in accordance with the following requirements:

 

25        (a) Exceptional increases shall provide that 70% of the

 

26  present value of projected additional premiums from the

 

27  exceptional increase will be returned to policyholders in


 

 1  benefits.

 

 2        (b) Premium rate schedule increases shall be calculated such

 

 3  that the sum of the accumulated value of incurred claims, without

 

 4  the inclusion of active life reserves, and the present value of

 

 5  future projected incurred claims, without the inclusion of active

 

 6  life reserves, will not be less than the sum of the following:

 

 7        (i) The accumulated value of the initial earned premium times

 

 8  58%.

 

 9        (ii) Eighty-five percent of the accumulated value of prior

 

10  premium rate schedule increases on an earned basis.

 

11        (iii) The present value of future projected initial earned

 

12  premiums times 58%.

 

13        (iv) Eighty-five percent of the present value of future

 

14  projected premiums not in subparagraph (iii) on an earned basis.

 

15        (c) If a policy or certificate has both exceptional and

 

16  other increases, the values in subdivision (b)(ii) and (iv) shall

 

17  also include 70% for exceptional rate increase amounts.

 

18        (d) All present and accumulated values used to determine

 

19  rate increases shall use the maximum valuation interest rate for

 

20  contract reserves as specified in section 733(1). The actuary

 

21  shall disclose as part of the actuarial memorandum the use of any

 

22  appropriate averages.

 

23        (5) For each rate increase that is implemented, the insurer

 

24  shall file for review and approval by the commissioner updated

 

25  projections, as described in subsection (3)(c)(i), annually for

 

26  the next 3 years and include a comparison of actual results to

 

27  projected values. The commissioner may extend the period to


 

 1  greater than 3 years if actual results are not consistent with

 

 2  projected values from prior projections. For group insurance

 

 3  certificates that meet the conditions in subsection (13), the

 

 4  projection required by this subsection shall be provided to the

 

 5  policyholder in lieu of filing with the commissioner.

 

 6        (6) If any premium rate in the revised premium rate schedule

 

 7  is greater than 200% of the comparable rate in the initial

 

 8  premium schedule, lifetime projections, as described in

 

 9  subsection (3)(c)(i), shall be filed for review and approval by

 

10  the commissioner every 5 years following the end of the required

 

11  period in subsection (5). For group insurance certificates that

 

12  meet the conditions in subsection (13), the projections required

 

13  by this subsection shall be provided to the policyholder in lieu

 

14  of filing with the commissioner.

 

15        (7) If the commissioner has determined that the actual

 

16  experience following a rate increase does not adequately match

 

17  the projected experience and that the current projections under

 

18  moderately adverse conditions demonstrate that incurred claims

 

19  will not exceed proportions of premiums specified in subsection

 

20  (4), the commissioner may require the insurer to implement

 

21  premium rate schedule adjustments or other measures to reduce the

 

22  difference between the projected and actual experience. In

 

23  determining whether the actual experience adequately matches the

 

24  projected experience, consideration should be given to subsection

 

25  (3)(c)(iii), if applicable.

 

26        (8) If the majority of the policies or certificates to which

 

27  an increase is applicable are eligible for the contingent benefit


 

 1  upon lapse, the insurer shall file both of the following with the

 

 2  commissioner:

 

 3        (a) A plan, subject to commissioner approval, for improved

 

 4  administration or claims processing designed to eliminate the

 

 5  potential for further deterioration of the policy or certificate

 

 6  requiring further premium rate schedule increases, or both, or to

 

 7  demonstrate that appropriate administration and claims processing

 

 8  have been implemented or are in effect.

 

 9        (b) The original anticipated lifetime loss ratio, and the

 

10  premium rate schedule increase that would have been calculated

 

11  according to subsection (4) had the greater of the original

 

12  anticipated lifetime loss ratio or 58% been used in the

 

13  calculations described in subsection (4)(b)(i) and (iii).

 

14        (9) The commissioner shall review, for all policies and

 

15  certificates included in a filing, the projected lapse rates and

 

16  past lapse rates during the 12 months following each increase to

 

17  determine if significant adverse lapsation has occurred or is

 

18  anticipated for any rate increase filing meeting the following

 

19  criteria:

 

20        (a) The rate increase is not the first rate increase

 

21  requested for the specific policy or certificate.

 

22        (b) The rate increase is not an exceptional increase.

 

23        (c) The majority of the policies or certificates to which

 

24  the increase is applicable are eligible for the contingent

 

25  benefit upon lapse.

 

26        (10) If significant adverse lapsation has occurred, is

 

27  anticipated in the filing, or is evidenced in the actual results


 

 1  as presented in the updated projections provided by the insurer

 

 2  following the requested rate increase, the commissioner may

 

 3  determine that a rate spiral exists. Following the determination

 

 4  that a rate spiral exists, the commissioner may require the

 

 5  insurer to offer, without underwriting, to all in force insureds

 

 6  subject to the rate increase the option to replace existing

 

 7  coverage with 1 or more reasonably comparable products being

 

 8  offered by the insurer or its affiliates. An offer under this

 

 9  subsection is subject to the commissioner's approval, shall be

 

10  based on actuarially sound principles, but shall not be based on

 

11  attained age, and shall provide that maximum benefits under any

 

12  new policy or certificate accepted by an insured shall be reduced

 

13  by comparable benefits already paid under the existing policy or

 

14  certificate. The insurer shall maintain the experience of all the

 

15  replacement insureds separate from the experience of insureds

 

16  originally issued the policy or certificate. If a rate increase

 

17  is requested on the policy or certificate, the rate increase

 

18  shall be limited to the lesser of the maximum rate increase

 

19  determined based on the combined experience and the maximum rate

 

20  increase determined based only on the experience of the insureds

 

21  originally issued the policy or certificate plus 10%.

 

22        (11) If the commissioner determines that an insurer has

 

23  exhibited a persistent practice of filing inadequate initial

 

24  premium rates for long-term care insurance, the commissioner, in

 

25  addition to the provisions of subsections (9) and (10), may

 

26  prohibit the insurer from either of the following:

 

27        (a) Filing and marketing comparable coverage for a period of


 

 1  up to 5 years.

 

 2        (b) Offering all other similar coverages and limiting

 

 3  marketing of new applications to the products subject to recent

 

 4  premium rate schedule increases.

 

 5        (12) Subsections (1) to (11) do not apply to policies or

 

 6  certificates for which the long-term care benefits provided by

 

 7  the policy or certificate are incidental, if the policy or

 

 8  certificate complies with all of the following:

 

 9        (a) For any plan that may have a cash value, the interest

 

10  credited internally to determine cash value accumulations,

 

11  including long-term care, if any, are guaranteed not to be less

 

12  than the minimum guaranteed interest rate for cash value

 

13  accumulations without long-term care set forth in the policy or

 

14  certificate.

 

15        (b) The portion of the policy or certificate that provides

 

16  insurance benefits other than long-term care coverage meets the

 

17  nonforfeiture requirements as applicable in section 4060 or 4072.

 

18        (c) The policy or certificate meets sections 3928, 3933,

 

19  3951, and 3953.

 

20        (d) The portion of the policy or certificate that provides

 

21  insurance benefits other than long-term care coverage meets, as

 

22  applicable, the policy illustrations and disclosure requirements

 

23  under section 4038.

 

24        (e) An actuarial memorandum is filed with the office of

 

25  financial and insurance services that includes all of the

 

26  following:

 

27        (i) A description of the basis on which the long-term care


 

 1  rates were determined.

 

 2        (ii) A description of the basis for the reserves.

 

 3        (iii) A summary of the type of policy, benefits, renewability,

 

 4  general marketing method, and limits on ages of issuance.

 

 5        (iv) A description and a table of each actuarial assumption

 

 6  used. For expenses, an insurer shall include percent of premium

 

 7  dollars per policy or certificate and dollars per unit of

 

 8  benefits, if any.

 

 9        (v) A description and a table of the anticipated policy or

 

10  certificate reserves and additional reserves to be held in each

 

11  future year for active lives.

 

12        (vi) The estimated average annual premium per policy or

 

13  certificate and the average issue age.

 

14        (vii) A statement as to whether underwriting is performed at

 

15  the time of application. The statement shall indicate whether

 

16  underwriting is used and, if used, shall include a description of

 

17  the type or types of underwriting used, such as medical

 

18  underwriting or functional assessment underwriting. For a group

 

19  certificate, the statement shall indicate whether the enrollee or

 

20  any dependent will be underwritten and when underwriting occurs.

 

21        (viii) A description of the effect of the long-term care

 

22  policy or certificate provision on the required premiums,

 

23  nonforfeiture values, and reserves on the underlying insurance

 

24  policy or certificate, both for active lives and those in long-

 

25  term care claim status.

 

26        (13) Subsections (7), (8), and (9) do not apply to a group

 

27  insurance policy described in section 3901(c)(i) if the policy


 

 1  insures 250 or more persons and the policyholder has 5,000 or

 

 2  more eligible employees of a single employer or the policyholder,

 

 3  and not the certificate holders, pays a material portion of the

 

 4  premium, which shall not be less than 20% of the total premium

 

 5  for the group in the calendar year prior to the year a rate

 

 6  increase is filed.

 

 7        (14) Except as otherwise provided in this section,

 

 8  exceptional increases are subject to the same requirements as

 

 9  other premium rate schedule increases. The commissioner may

 

10  request a review by an independent qualified actuary or a

 

11  professional qualified actuarial body of the basis for a request

 

12  that an increase be considered an exceptional increase. The

 

13  commissioner, in determining that the necessary basis for an

 

14  exceptional increase exists, shall also determine any potential

 

15  offsets to higher claims costs.

 

16        (15) As used in this section:

 

17        (a) "Exceptional increase" means only those increases filed

 

18  by an insurer as exceptional for which the commissioner

 

19  determines the need for the premium rate increase is justified

 

20  due to changes in laws or regulations applicable to long-term

 

21  care coverage in this state or due to increased and unexpected

 

22  utilization that affects the majority of insurers of similar

 

23  products.

 

24        (b) "Incidental" means that the value of the long-term care

 

25  benefits provided is less than 10% of the total value of the

 

26  benefits provided over the life of the policy or certificate as

 

27  measured on the date of issue.


 

 1        (c) "Qualified actuary" means a member in good standing of

 

 2  the American academy of actuaries.

 

 3        (d) "Similar policies" means all of the long-term care

 

 4  insurance policies and certificates issued by an insurer in the

 

 5  same long-term care benefit classification as the policy or

 

 6  certificate being considered. Certificates of groups described in

 

 7  section 3901(c)(i) are not considered similar to policies or

 

 8  certificates otherwise issued as long-term care insurance, but

 

 9  are similar to other comparable certificates with the same long-

 

10  term care benefit classifications. For purposes of determining

 

11  similar policies, long-term care benefit classifications are

 

12  defined as follows: institutional long-term care benefits only,

 

13  noninstitutional long-term care benefits only, or comprehensive

 

14  long-term care benefits.

 

15        Sec. 3927. (1) Benefits under individual long-term care

 

16  insurance policies shall be considered reasonable in relation to

 

17  premiums provided the expected loss ratio is at least 60%,

 

18  calculated in a manner that provides for adequate reserving of

 

19  the long-term care insurance risk. In evaluating the expected

 

20  loss ratio, due consideration shall be given to all relevant

 

21  factors, including:

 

22        (a) Statistical credibility of incurred claims experience

 

23  and earned premiums.

 

24        (b) The period for which rates are computed to provide

 

25  coverage.

 

26        (c) Experienced and projected trends.

 

27        (d) Concentration of experience within early policy


 

 1  duration.

 

 2        (e) Expected claim fluctuation.

 

 3        (f) Experience refunds, adjustments, or dividends.

 

 4        (g) Renewability features.

 

 5        (h) All appropriate expense factors.

 

 6        (i) Interest.

 

 7        (j) Experimental nature of the coverage.

 

 8        (k) Policy reserves.

 

 9        (l) Mix of business by risk classification.

 

10        (m) Product features such as long elimination periods, high

 

11  deductibles, and high maximum limits.

 

12        (n) Premiums charged and losses incurred for other similar

 

13  policies.

 

14        (2) This section does not apply to fixed indivisible premium

 

15  life insurance policies that fund long-term care benefits

 

16  entirely by accelerating the death benefit.

 

17        (3) This section applies to all long-term care insurance

 

18  policies or certificates except those described in sections

 

19  3926(1) and 3926a(1) and (2).

 

20        Sec. 3935. An application for a long-term care policy shall

 

21  contain the following statement printed, stamped, or as part of a

 

22  sticker permanently affixed to the application in capital letters

 

23  on the first page:

 

24        "For additional information about long-term care coverage

 

25  write to the  Michigan insurance bureau  office of financial and

 

26  insurance services, P.O. Box 30220, Lansing, MI 48909 or call the

 

27  area agency on aging in your community.".


 

 1        Sec. 3941a. (1) This section does not apply to life

 

 2  insurance policies or riders containing accelerated benefits for

 

 3  long-term care.

 

 4        (2) Every insurer or other entity marketing long-term care

 

 5  insurance shall do all of the following:

 

 6        (a) Develop and use suitability standards to determine

 

 7  whether the purchase or replacement of long-term care insurance

 

 8  is appropriate for the needs of the applicant.

 

 9        (b) Train its producers in the use of and require producers

 

10  to use its suitability standards.

 

11        (c) Maintain a copy of its suitability standards and make

 

12  them available for inspection upon request by the commissioner.

 

13        (d) To determine whether the applicant meets the developed

 

14  suitability standards, the insurer shall make reasonable efforts

 

15  to obtain all of the following information:

 

16        (i) The applicant's ability to pay for the proposed coverage

 

17  and other pertinent financial information related to the purchase

 

18  of the coverage.

 

19        (ii) The applicant's goals or needs with respect to long-term

 

20  care and the advantages and disadvantages of insurance to meet

 

21  these goals or needs.

 

22        (iii) The values, benefits, and costs of the applicant's

 

23  existing insurance, if any, when compared to the values,

 

24  benefits, and costs of the recommended purchase or replacement.

 

25        (3) If the insurer determines that the applicant does not

 

26  meet its suitability standards, or if the applicant has declined

 

27  to provide the necessary information, the insurer may reject the


 

 1  application for long-term care insurance.

 

 2        Sec. 3942. (1) Every insurer marketing long-term care

 

 3  insurance coverage in this state, directly or through its

 

 4  producers, shall do all of the following:

 

 5        (a) Establish marketing procedures to assure that any

 

 6  comparison of policies by its  agents  producers or other

 

 7  producers are fair and accurate.

 

 8        (b) Establish marketing procedures to assure excessive

 

 9  insurance is not sold or issued.

 

10        (c) Display prominently by type, stamp, or other appropriate

 

11  means, on the first page of the outline of coverage and policy

 

12  the following:

 

13        "Notice to buyer: This policy may not cover all of the costs

 

14  associated with long-term care incurred by the buyer during the

 

15  period of coverage. The buyer is advised to review carefully all

 

16  policy limitations.".

 

17        (d) Inquire and otherwise make every reasonable effort to

 

18  identify whether a prospective applicant or enrollee for long-

 

19  term care insurance already has accident and sickness or long-

 

20  term care insurance and the types and amounts of such insurance.

 

21        (e) Establish auditable procedures for verifying compliance

 

22  with this section.

 

23        (2) An insurer marketing long-term care insurance coverage

 

24  in this state shall not use the term "level premium" or

 

25  "noncancelable" unless the insurer does not have the right to

 

26  change the premium for the product being marketed.