Section R20-6-1012. Discretionary Powers of Director

The Director may, on written request and after an administrative hearing, issue an order to modify or suspend a specific provision or provision of this Article with respect to a specific long-term care insurance policy or certificate upon a written finding that:

1.        The modification or  suspension would  be  in the  best interest of the insureds; and

2.        The purposes to be achieved could not be effectively or efficiently achieved without the modification or suspen- sion; and

a.         The modification or suspension is necessary to the development of an innovative and reasonable approach for insuring long-term care; or

b.        The policy or certificate is to be issued to residents of a life-care or continuing-care retirement commu- nity or some other residential community for the elderly and the modification or suspension is reason- ably related to the special needs or nature of such a community; or

c.         The modification or suspension is necessary to per- mit long-term care insurance to be sold as part of, or in conjunction with, another insurance product.

Historical Note

Adopted effective August 10, 1992 (Supp. 92-3). R20-6- 1012 recodified from R4-14-1012 (Supp. 95-1). R20-6- 1012 renumbered to R20-6-1016; new Section R20-6- 1012 renumbered from R20-6-1009 and amended by final rulemaking at 10 A.A.R. 4661, effective January 3, 2005

(Supp. 04-4).