Section R20-6-1004. Required Policy Provisions

A.      Renewability

1.        An individual long-term care insurance policy shall con- tain a renewability provision. which shall be either “guar- anteed renewable” or “noncancellable.” The renewability provision shall be appropriately captioned, shall appear on the first page of the policy, and shall state that the cov- erage is guaranteed renewable or noncancellable. This requirement does not apply to a long-term care insurance policy that is part of or combined with a life insurance policy that does not contain a renewability provision and that reserves the right not to renew solely to the policy- holder.

2.        An insurer shall not use the terms “guaranteed renew- able” and “noncancellable” in any individual long-term care insurance policy without further explanatory lan- guage according to the disclosure requirements of this Article.

3.        A qualified long-term care insurance policy shall have the guaranteed renewability provisions specified in Section 7702B(b)(1)(C) of the Internal Revenue Code of 1986 in the policy.

4.        A long-term care insurance policy or certificate  shall include a statement that premium rates are subject to change, unless the policy does not afford the insurer the right to raise premiums.

B.       Limitations and Exclusions

1.        If a long-term care insurance policy or certificate contains any limitations with respect to preexisting conditions, the limitations shall appear as a separate paragraph of the policy or certificate and shall be labeled as “Preexisting Condition Limitations.”

2.        A long-term care insurance policy or certificate contain- ing any limitations or conditions for eligibility not pro- hibited by A.R.S. §§ 20-1691.03 and 20-1691.05 shall describe the limitations or conditions, including any required number of days of confinement, in a separate paragraph of the policy or certificate and shall label the paragraph “Limitations or Conditions on Eligibility for Benefits.”

3.      A policy shall not 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, medi- cal condition or accident, except as follows:

a.         Preexisting conditions or disease;

b.        Mental or nervous disorders; however, this shall not permit exclusion or limitation of the benefits on the basis of Alzheimer’s Disease;

c.         Alcoholism and drug addiction;

d.        Illness, treatment or medical condition arising out of:

i.         War, declared or undeclared, or act of war;

ii.        Participation in a felony, riot or insurrection;

iii.      Service in the armed forces or auxiliary units;

iv.       Suicide,  attempted  suicide,  or  intentionally self-inflicted injury; or

v.        Aviation, if non-fare-paying passenger.

e.         Treatment provided in a government facility, unless otherwise required by law;

f.         Services for which benefits are available under Medicare or other governmental program, except Medicaid;

g.        Any state or federal workers’ compensation, employer’s liability or occupational disease law, or any motor vehicle no-fault law;

h.        Services provided by a member of the covered per- son’s immediate family and services for which no charge is normally made in the absence of insurance;

i.         Expenses for services or items available or paid under another long-term care insurance or health insurance policy; or

j.         In the case of a qualified long-term care insurance policy, expenses for services or items to the extent that the expenses are reimbursable under Title XVIII of the Social Security Act or would be reimbursable but for the application of a deductible or coinsurance amount;

4.        Subsection (B)(2) does not prohibit exclusions and lim- itations by type of provider or territorial limitations.

C.      Extension of benefits. A long-term care insurance policy shall provide that termination of long-term care insurance is 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 termina- tion. An insurer may limit this extension of benefits period to the duration of the benefit period, if any, or to payment of the maximum benefits and the insurer may still apply any policy waiting period and all other applicable provisions of the pol- icy.

D.      Reinstatement. A long-term care insurance policy shall include a provision for reinstatement of coverage if a lapse occurs if the insurer receives proof that the insured was cogni- tively impaired or had a loss of functional capacity before expiration of the grace period in the policy. The option to rein- state shall be available to the insured for at least five months after the date of termination and shall allow for the collection of past due premiums, as appropriate. The standard of proof of cognitive impairment or loss of functional capacity shall not be more stringent than the benefit eligibility criteria for these conditions set forth in the original long-term care policy.

E.       Continuation or conversion

1.      A group long-term care insurance policy shall provide covered individuals with a basis for continuation or con- version of coverage as specified in this subsection.

2.      The policy shall include a provision that maintains cover- age under the existing group policy when the coverage would otherwise terminate, subject only to the continued timely payment of premiums when due. A group policy that restricts provision of benefits and services to, or has incentives to use certain providers or facilities, may pro- vide continuation benefits that are substantially equiva- lent to the benefits of the existing group policy. The Director shall make a determination as to the substantial equivalency of benefits and, in doing so, shall take into consideration the differences between managed care and non-managed care plans, including provider system arrangements, service availability, benefit levels and administrative complexity.

3.        The policy shall include a provision that an individual, whose coverage under the group policy would otherwise terminate or has been terminated for any reason, includ- ing discontinuation of the group policy in its entirety or with respect to an insured class, who has been insured under the group policy (and any group policy which it replaced), is entitled to the issuance of a converted policy by the insurer under whose group policy the individual is covered, without evidence of insurability.

4.        A converted policy shall be an individual policy of long- term care insurance providing benefits identical to or ben- efits that the Director determines to be substantially equivalent to or in excess of those provided under the group policy from which conversion is made. Where the group policy from which conversion is made restricts provision of benefits and services to, or contains incen-

tives to use certain providers or facilities, the Director, in making a determination as to the substantial equivalency of benefits, shall take into consideration the differences between managed care and non-managed care plans pro- vider system arrangements, service availability, benefit levels and administrative complexity, and other plan ele- ments.

5.        An insurer may require an individual seeking a conver- sion policy to make a written application for the con- verted policy and pay the first premium due, if any, as directed by the insurer not later than 31 days after termi- nation of coverage under the group policy. The insurer shall issue the converted policy effective on the day fol- lowing the termination of coverage under the group pol- icy. The converted policy shall be renewable annually.

6.        Unless the group policy from which conversion is made replaced previous group coverage, the insurer shall calcu- late the premium for the converted policy on the basis of the insured’s age at inception of coverage under the group policy from which conversion is made. If the group pol- icy from which conversion is made replaced previous group coverage, the premium for the converted policy shall be calculated on the basis of the insured’s age at inception of coverage under the group policy replaced.

7.        An insurer is required to provide continuation of cover- age or issuance of a converted policy as provided in this subsection, unless:

a.         Termination of group coverage resulted from an individual’s failure to make any required payment of premium or contribution when due; or

b.        The terminating coverage is replaced not later than 31 days after termination, by group coverage that

i.         Is effective on the day following the termina- tion of coverage:

ii.        Provides benefits identical to or benefits the Director determines to be substantially equiva- lent to or in excess of those provided by the ter- minating coverage; and

iii.      Has a premium calculated in a manner consis- tent with the requirements of subsection (E)(6).

8.        Notwithstanding any other provision of this Section, a converted policy that an insurer issues to an individual who at the time of conversion is covered by another long- term care insurance policy providing benefits on the basis of incurred expenses, may contain a provision that reduces benefits payable if the benefits provided under the additional coverage, together with the full benefits provided by the converted policy, would result in pay- ment of more than 100% of incurred expenses. An insurer may include this provision in the converted policy only if the converted policy also provides for a premium decrease or refund that reflects the reduction in payable benefits.

9.        The converted policy that the benefits payable under the converted policy, together with the benefits payable under the group policy from which conversion is made, shall not exceed those that would have been payable had the individual’s coverage under the group remained in force and effect.

10.     Notwithstanding any other provision of this Section, any insured individual whose eligibility for group long-term care coverage is based upon the individual’s relationship to another person, is entitled to continuation of coverage under the group policy upon if the qualifying relationship terminates by death or dissolution of marriage.

F.       Discontinuance and replacement. 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 group policy on its date of termination. Coverage provided or offered to individuals by the insurer and premiums charged to persons under the new group policy:

1.        Shall not result in any exclusion for preexisting condi- tions that would have been covered under the group pol- icy being replaced; and

2.        Shall not vary or otherwise depend on the individual’s health or disability status, claim experience, or use of long-term care services.

G.      Premium Increases

1.        An insurer shall not increase the premium charged to an insured because of:

a.         The insured aging beyond age 65; or

b.        The duration of coverage under the policy.

2.        Purchase of additional coverage is not considered a pre- mium rate increase, however, for the calculation required under R20-6-1019, an insurer shall add to and consider the portion of the premium attributable to the additional coverage as part of the initial annual premium.

3.        A reduction in benefits is not considered a premium change, however, for the calculation required under R20- 6-1019, an insurer shall base the initial annual premium on the reduced benefits.

H.      Electronic enrollment for group policies

1.        For coverage offered to a group defined in A.R.S. § 20- 1691(5)(a), any requirement that an insurer or insurance producer obtain an insured’s signature is satisfied if:

a.         The group policyholder or insurer obtains the insured’s consent by telephonic or electronic enroll- ment, and provides the enrollee with verification of enrollment information within five business days of enrollment; and

b.        The telephonic or electronic enrollment process has safeguards to assure the accuracy, retention, and prompt retrieval of records, and the confidentiality of personal and privileged information.

2.        If the Director requests, the insurer shall make available records showing the insurer’s ability to confirm enroll- ment and coverage amounts.

I.        Minimum standards for home health care benefits.

1.        If an insurer issues a long-term care insurance policy or certificate that provides benefits for home-health care, the policy or certificate shall not, limit or exclude benefits by any of the following:

a.         Requiring that the insured would need skilled care in a skilled nursing facility if home health services are not provided;

b.        Requiring that the insured first or simultaneously receive nursing or therapeutic services in a home or community setting before home health services are covered;

c.         Requiring that eligible services be provided by a registered nurse or licensed practical nurse;

d.        Requiring that a nurse or therapist provide services covered by the policy that can be provided by a home health aide or other licensed or certified home care worker acting within the scope of licensure or certification;

e.         Requiring that the insured have an acute condition before home health services are covered;

f.         Limiting benefits to services provided by Medicare- certified agencies or providers;

g.        Excluding coverage for personal care services pro- vided by a home health aide;

h.        Requiring that home health care services be pro- vided at a level of certification or licensure greater than that required by the eligible service; or

i.         Excluding coverage for adult day care services.

2.        An insurer may apply home health care coverage to non- home health care benefits in the policy or certificate when determining maximum coverage under the terms of the policy or certificate.

J.        Appeals. Policy shall include a clear description of the process for appealing and resolving benefit determinations.

Historical Note

Adopted effective August 10, 1992 (Supp. 92-3). R20-6-

1004 recodified from R4-14-1004 (Supp. 95-1).

Amended by final rulemaking at 10 A.A.R. 4661, effec- tive January 3, 2005 (Supp. 04-4).