Title 26 — Title 26 — Insurance Code
56 chapters · 1,242 sections in this title.
W.S. § 26-38-101 Short title
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Short title. This article shall be known and may be cited as the "Long-Term Care Insurance Act."
W.S. § 26-38-102 Applicability
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Applicability. The requirements of this article shall apply to policies delivered or issued for delivery in this state on or after the effective date of this article. This article is not intended to supersede the obligations of entities subject to this article to comply with the …
W.S. § 26-38-103 (a) Definitions
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(a) Definitions. As used in this article: (i) "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. (ii) "Cer…
W.S. § 26-38-104 Limits of group long-term care insurance
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Limits of 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 W.S. 26-38-103(a)(iv)(D), unless this state or another state having statutory and r…
W.S. § 26-38-105 Disclosure and performance standards for longterm care insurance
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Disclosure and performance standards for longterm care insurance. (a) The commissioner shall adopt regulations 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 o…
W.S. § 26-38-106 Rulemaking authority
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Rulemaking authority. The commissioner shall adopt reasonable rules and regulations necessary to carry out the provisions of this article in accordance with W.S. 26-2-110.
W.S. § 26-38-107 Incontestability period
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Incontestability period. (a) For a long-term care insurance policy or certificate that has been in force for less than six (6) months, an insurer may rescind the policy or certificate or deny any otherwise valid long-term care insurance claim upon a showing of misrepresentation t…
W.S. § 26-38-108 Third party notice and reinstatement
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Third party notice and reinstatement. (a) Each insurer offering long-term care insurance shall, as a protection against unintentional lapse, comply with the following: (i) No individual long-term care policy or certificate shall be issued until the insurer has received from the a…
W.S. § 26-38-109 Nonforfeiture benefit provisions
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Nonforfeiture benefit provisions. (a) Subject to subsection (g) of this section, an insurer that offers a long-term care insurance policy or certificate in this state shall offer a nonforfeiture protection provision as an option. The nonforfeiture benefit shall be made available …
W.S. § 26-38-110 Compliance with article required
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Compliance with article required. No policy shall be advertised, marketed or offered as long-term care or nursing home insurance unless it complies with the provisions of this article.
W.S. § 26-38-111 Penalties
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Penalties. In addition to any other penalties provided by the laws of this state, any insurer or agent who violates any requirement of this state relating to the regulation of long-term care insurance or the marketing of such insurance shall be subject to a civil penalty not to e…
W.S. § 26-38-201 (a) Definitions
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(a) Definitions. As used in this act: (i) "Applicant" means: (A) In the case of an individual Medicare supplement policy, the person who seeks to contract for insurance benefits; and (B) In the case of a group Medicare supplement policy, the proposed certificate holder. (ii) "Cer…
W.S. § 26-38-202 "This act" means W.S
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"This act" means W.S. 26-38-201 through Applicability and scope. (a) Except as otherwise specifically provided, this act shall apply to: (i) All Medicare supplement policies delivered or issued for delivery in this state on or after the effective date of this act; and (ii) All ce…
W.S. § 26-38-203 Standards for policy provisions
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Standards for policy provisions. (a) No Medicare supplement insurance policy or certificate in force in the state shall contain benefits which duplicate benefits provided by Medicare. (b) The commissioner shall adopt reasonable regulations to establish specific standards for poli…
W.S. § 26-38-204 Regulations
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Regulations. (a) The commissioner shall adopt reasonable regulations to establish minimum standards for benefits, claims payment, marketing practices, compensation arrangements and reporting practices for Medicare supplement policies and certificates. (b) The commissioner may ado…
W.S. § 26-38-205 (a) Loss ratio standards
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(a) Loss ratio standards. Repealed by Laws 1992, ch. 57, § 2. (b) Medicare supplement policies shall return to policyholders benefits which are reasonable in relation to the premium charged. The commissioner shall issue reasonable regulations to establish minimum standards for lo…
W.S. § 26-38-206 Disclosure standards
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Disclosure standards. (a) In order to provide for full and fair disclosure in the sale of Medicare supplement policies, no Medicare supplement policy or certificate shall be delivered in this state unless an outline of coverage is delivered to the applicant at the time applicatio…
W.S. § 26-38-207 Notice of free examination
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Notice of free examination. Medicare supplement policies or certificates shall have a notice prominently printed on the first page of the policy or certificate or attached thereto stating in substance that the applicant shall have the right to return the policy or certificate wit…
W.S. § 26-38-208 Filing requirements for advertising
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Filing requirements for advertising. Every issuer of Medicare supplement insurance policies or certificates in this state shall provide to the insurance commissioner a copy of any Medicare supplement advertisement intended for use in this state whether through written, radio or t…
W.S. § 26-38-209 Penalties
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Penalties. (a) In addition to any other applicable penalties for violations of this code, the commissioner may: (i) Require insurers to cease marketing any Medicare supplement policy or certificate in this state which violates any provision of this act, any other law administered…