Section R20-6-1021. Additional Standards for Benefit Triggers for Qualified Long-term Care Insurance Contracts

A.      A qualified long-term care insurance contract shall pay only for qualified long-term care services received by a chronically ill individual provided under a plan of care prescribed by a licensed health care practitioner.

B.       A qualified long-term care insurance contract shall condition the payment of benefits on a certified determination of the insured’s inability to perform activities of daily living for an expected period of at least 90 days due to a loss of functional capacity or to severe cognitive impairment.

C.      Licensed or certified professionals, including physicians, reg- istered professional nurses, and licensed social workers, shall perform the certified determinations regarding activities of

daily living and cognitive impairment required under subsec- tion (B).

D.      Certified determinations required under to subsection (B) may be performed at the direction of the carrier as is reasonably necessary with respect to a specific claim, except that when a licensed health care practitioner has certified that an insured is unable to perform activities of daily living for an expected period of at least 90 days due to a loss of functional capacity and the insured is in claim status, the certified determination may not be rescinded and additional certified determinations may not be performed until after the expiration of the 90-day period.

Historical Note

New Section made by final rulemaking at 10 A.A.R.

4661, effective January 3, 2005 (Supp. 04-4).