Title 26.1 — Insurance

In this chapter, unless the context requires otherwise: 1. "Applicant" means: a. In the case of an individual long-term care insurance policy, the person who seeks to contract for benefits. b. In the case of a group long-term care insurance policy, the proposed certificate holder…

Group long-term care insurance may be issued or delivered for the benefit of members of an association, as defined in subdivision c of subsection 3 of section 26.1-45-01, if prior to advertising, marketing, or offering a policy within this state, the association, or the insurer o…

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 subdivision d of subsection 3 of section 26.1-45-01 unless the insurance commissioner or an insurance department in another s…

The insurance commissioner may adopt rules that include 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, n…

No long-term care insurance policy may: 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 establishing a new waiting period in…

1. No long-term care insurance policy or certificate other than a policy or certificate issued to a group as defined in subdivision a of subsection 3 of section 26.1-45-01 may define "pre-existing condition" as more restrictive than meaning a condition for which medical advice or…

1. No long-term care insurance policy or certificate may be delivered or issued for delivery in this state if such policy: a. Conditions eligibility for any benefits on a prior hospitalization requirement. b. Conditions eligibility for benefits provided in an institutional care s…

1. A long-term care insurance policy delivered or issued for delivery in this state may not include the following terms, unless the terms are defined in the policy and consistent with the following requirements: a. "Activities of daily living" means bathing, continence, dressing,…

The commissioner may adopt or amend rules establishing loss ratio standards for long-term care insurance policies; provided, that a specific reference to long-term care insurance policies is contained in the rules. 26.1-45-09. Right to return policy - Outline of coverage required…

Any policy or rider advertised, marketed, or offered as long-term care or nursing home insurance must comply with the provisions of this chapter and all other applicable insurance laws insofar as they do not conflict with this chapter.

The commissioner may adopt reasonable rules to promote premium adequacy, protect the policyholder in the event of substantial rate increases, and to establish minimum standards for correcting abusive marketing practices, replacement forms, insurance producer testing, penalties, a…

In addition to any other penalties provided by the laws of this state, any insurer and any insurance producer found to have violated any requirement of this title relating to the regulation of long-term care insurance or the marketing of such insurance shall be subject to a fine …

Any insurance company providing long-term care coverage for home and community-based services shall pay a provider meeting qualified service provider standards a daily payment allowance as defined in the policy or certificate. "Qualified service provider" means a human service zo…

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. T…