Title Minnesota Statutes, Minnesota Statutes

62S.04 PROHIBITIONS. A long-term care insurance policy may not: (1) be canceled, nonrenewed, or otherwise terminated on the grounds of the age or the deterioration of the mental or physical health of the insured individual or certificate holder; (2) contain a provision establishi…

62S.05 PREEXISTING CONDITION. § Subdivision 1.Authorized definition. A long-term care insurance policy or certificate, other than a policy or certificate issued to a group as defined in section 62S.01, subdivision 15, clause (1), may not use a definition of preexisting condition …

62S.06 PRIOR HOSPITALIZATION OR INSTITUTIONALIZATION. § Subdivision 1.Prohibited conditions. A long-term care insurance policy may not be delivered or issued for delivery in this state if the policy conditions eligibility for any benefits: (1) on a prior hospitalization requireme…

62S.07 RIGHT TO RETURN; REFUND. § Subdivision 1.Right to return. A long-term care insurance applicant may return the policy or certificate within 30 days of its delivery and is entitled to a refund of the premium if, after examination of the policy or certificate, the applicant i…

62S.08 COVERAGE OUTLINE. § Subdivision 1.Delivery. An outline of coverage must be delivered to a prospective applicant for long-term care insurance at the time of initial solicitation through means that prominently direct the attention of the recipient to the document and its pur…

62S.081 REQUIRED DISCLOSURE OF RATING PRACTICES TO CONSUMERS. § Subdivision 1.Application. This section applies as follows: (a) Except as provided in paragraph (b), this section applies to any long-term care policy or certificate issued in this state on or after January 1, 2002. …

62S.09 CERTIFICATE REQUIREMENTS. § Subdivision 1.Content. A certificate issued under a group long-term care insurance policy delivered or issued for delivery in this state must include: (1) a description of the principal benefits and coverage provided in the policy; (2) a stateme…

62S.10 POLICY SUMMARY. § Subdivision 1.Delivery. At the time of policy delivery, a policy summary must be delivered for an individual life insurance policy that provides long-term care benefits within the policy or by rider. In the case of direct response solicitations, the insur…

62S.11 MONTHLY REPORT. § Subdivision 1.Required report. Any time 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 must be provided to the policyholder. § Subd. 2.Contents. Th…

62S.12 CLAIM DENIAL. If a claim under a qualified long-term care insurance contract is denied, the issuer shall provide a written explanation of the reasons for the denial and make available all information directly related to the denial within 60 days of the date of a written re…

62S.13 INCONTESTABILITY PERIOD. § Subdivision 1.Rescission before six months. For a policy or certificate that has been in force for less than six months, an insurer may rescind a long-term care insurance policy or certificate or deny an otherwise valid long-term care insurance c…

62S.14 RENEWABILITY. § Subdivision 1.Guaranteed renewable. A qualified long-term care insurance policy must be guaranteed renewable. § Subd. 2.Terms. The terms "guaranteed renewable" and "noncancelable" may not be used in an individual long-term care insurance policy without furt…

62S.15 AUTHORIZED LIMITATIONS AND EXCLUSIONS. (a) No policy may be delivered or issued for delivery in this state as long-term care insurance if the policy limits or excludes coverage by type of illness, treatment, medical condition, or accident, except as follows: (1) preexistin…

62S.16 EXTENSION OF BENEFITS. Termination of long-term care insurance must be without prejudice to any benefits payable for institutionalization if the institutionalization began while the long-term care insurance was in force and continues without interruption after termination.…

62S.17 CONTINUATION OR CONVERSION. § Subdivision 1.Requirement. Group long-term care insurance shall provide covered individuals with a basis for continuation or conversion of coverage. § Subd. 2.Basis for continuation of coverage. A basis for continuation of coverage policy prov…

62S.18 DISCONTINUANCE AND REPLACEMENT. § Subdivision 1.Required coverage. If a group long-term care policy is replaced by another group long-term care policy issued to the same policyholder, the succeeding insurer shall offer coverage to all persons covered under the previous gro…

62S.181 ELECTRONIC ENROLLMENT FOR GROUP POLICIES. § Subdivision 1.Employers or labor unions. In the case of a group defined in section 62S.01, subdivision 15, clause (1), any requirement that a signature of an insured be obtained by an agent or insurer is satisfied if: (1) the co…

62S.19 UNINTENTIONAL LAPSE. § Subdivision 1.Notice before lapse or termination. 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 to the applicant, …

62S.20 REQUIRED DISCLOSURE PROVISIONS. § Subdivision 1.Renewability. (a) Individual long-term care insurance policies must contain a renewability provision that is appropriately captioned, appears on the first page of the policy, and clearly states that the coverage is guaranteed…

62S.21 PROHIBITION AGAINST POSTCLAIMS UNDERWRITING. § Subdivision 1.Health condition. All applications for long-term care insurance policies or certificates, except those which are guaranteed issue must contain clear and unambiguous questions designed to ascertain the health cond…

62S.22 MINIMUM STANDARDS FOR HOME HEALTH AND COMMUNITY CARE BENEFITS. § Subdivision 1.Prohibited limitations. A long-term care insurance policy or certificate shall not, if it provides benefits for home health care or community care services, limit or exclude benefits by: (1) req…

62S.23 REQUIREMENT TO OFFER INFLATION PROTECTION. § Subdivision 1.Inflation protection feature. (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 p…

62S.24 REQUIREMENTS FOR APPLICATION FORMS AND REPLACEMENT COVERAGE. § Subdivision 1.Required questions. An application form must include the following questions designed to elicit information as to whether, as of the date of the application, the applicant has another long-term ca…

62S.25 REPORTING REQUIREMENTS. § Subdivision 1.Insurer records. Each insurer shall maintain records for each agent of that agent's amount of replacement sales as a percent of the agent's total annual sales and the amount of lapses of long-term care insurance policies sold by the …

62S.251 RESERVE STANDARDS. § Subdivision 1.Benefits provided through acceleration of benefits under life policies. When long-term care benefits are provided through the acceleration of benefits under group or individual life policies or riders to these policies, policy reserves f…

62S.26 LOSS RATIO. § Subdivision 1.Minimum loss ratio. The minimum loss ratio must be at least 60 percent, calculated in a manner which provides for adequate reserving of the long-term care insurance risk. In evaluating the expected loss ratio, the commissioner shall give conside…

62S.265 PREMIUM RATE SCHEDULE INCREASES. § Subdivision 1.Applicability. (a) Except as provided in paragraph (b), this section applies to any long-term care policy or certificate issued in this state on or after January 1, 2002, under this chapter or sections 62A.46 to 62A.56. (b)…

62S.266 NONFORFEITURE BENEFIT REQUIREMENT. § Subdivision 1.Applicability. This section does not apply to life insurance policies or riders containing accelerated long-term care benefits. § Subd. 2.Requirement. (a) An insurer must offer each prospective policyholder a nonforfeitur…

62S.267 STANDARDS FOR BENEFIT TRIGGERS. § Subdivision 1.Benefit payment determinations. A long-term care insurance policy must condition the payment of benefits on a determination of the insured's ability to perform activities of daily living and on cognitive impairment. Eligibil…

62S.268 ADDITIONAL STANDARDS FOR BENEFIT TRIGGERS FOR QUALIFIED LONG-TERM CARE INSURANCE CONTRACTS. § Subdivision 1.Definitions. For purposes of this section, the following terms have the meanings given them: (a) "Qualified long-term care services" means services that meet the re…

62S.27 FILING REQUIREMENT. Before an insurer or similar organization offers group long-term care insurance to a resident of this state under section 62S.03, it must file with the commissioner evidence that the group policy or certificate has been approved by a state having statut…

62S.28 FILING REQUIREMENTS FOR ADVERTISING. § Subdivision 1.Advertisement copy. An insurer or other entity providing long-term care insurance or benefits in this state shall provide a copy of any long-term care insurance advertisement intended for use in this state whether throug…

62S.29 STANDARDS FOR MARKETING. § Subdivision 1.Requirements. An insurer or other entity marketing long-term care insurance coverage in this state, directly or through its producers, shall: (1) establish marketing procedures and agent training requirements to assure that any mark…

62S.291 AVAILABILITY OF NEW SERVICES OR PROVIDERS. § Subdivision 1.Requirement. An insurer shall notify policyholders of the availability of a new long-term policy series that provides coverage for new long-term care services or providers material in nature and not previously ava…

62S.292 RIGHT TO REDUCE COVERAGE AND LOWER PREMIUMS. § Subdivision 1.Required policy or certificate provision. Every long-term care insurance policy and certificate shall include a provision that allows the policyholder or certificate holder to reduce coverage and lower the polic…

62S.30 SUITABILITY. § Subdivision 1.Standards. Every insurer or other entity marketing long-term care insurance shall: (1) develop and use suitability standards to determine whether the purchase or replacement of long-term care insurance is appropriate for the needs of the applic…

62S.31 REQUIREMENT TO DELIVER SHOPPER'S GUIDE. § Subdivision 1.Shopper's guide. 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 commissioner, shall be provided to al…

62S.312 CONSUMER PROTECTION STANDARDS FOR LONG-TERM CARE PARTNERSHIP POLICIES. To qualify as a long-term care partnership policy under this chapter, long-term care insurance policies must meet the requirements for being tax qualified as defined in section 7702B(b) of the Internal…

62S.315 PRODUCER TRAINING. The commissioner shall approve producer training requirements in accordance with the NAIC Long-Term Care Insurance Model Act provisions. The commissioner of the Department of Human Services shall provide technical assistance and information to the commi…

62S.32 APPLICATION. § Subdivision 1.Medicare supplement insurance policy. Medicare supplement insurance policy laws do not apply to long-term care insurance. § Subd. 2.Qualified long-term care insurance policy. This chapter applies to long-term care insurance marketed as a qualif…

62S.33 PENALTIES. In addition to any other penalties provided by the laws of this state, an insurer or agent found to have violated any requirement of this state relating to the regulation of long-term care insurance or the marketing of the insurance is subject to a fine of up to…

62S.34 REGULATORY FLEXIBILITY. The commissioner may, upon written request, issue an order to modify or suspend a specific provision or provisions of this chapter with respect to a specific long-term care insurance policy or certificate upon a written finding that: (1) the modific…