6.6.3101    PURPOSE, SCOPE, AND AUTHORITY

(1) In accordance with 33-22-1101, et seq., MCA, the Commissioner of Insurance declares that the purpose of these rules is to implement Title 33, chapter 22, part 11, MCA, to promote the public interest, to promote the availability of long-term care insurance, as defined in ARM 6.6.3102(7), to protect the public from unfair or deceptive sales or enrollment practices, to facilitate public understanding and comparison of long-term care insurance coverages, and to facilitate flexibility and innovation in the development of long-term care insurance.

(2) Except as otherwise specifically provided, these rules apply to:

(a) all long-term care insurance policies or certificates including qualified long-term care contracts and life insurance policies that accelerate benefits for long-term care delivered or issued for delivery in this state on or after January 1, 1991, by issuers, fraternal benefit societies, nonprofit health, hospital, medical service corporations, prepaid health plans, health maintenance organizations, and all similar organizations; and

(b) policies having indemnity benefits that are triggered by activities of daily living and sold as disability income insurance, if:

(i) the benefits of the disability income policy are dependent upon or vary in amount based on the receipt of long-term care services;

(ii) the disability income policy is advertised, marketed, or offered as insurance for long-term care services; or

(iii) benefits under the policy may commence after the policyholder has reached social security's normal retirement age unless benefits are designed to replace lost income or pay for specific expenses other than long-term care services.

(3) Notwithstanding (2), certain provisions of these rules apply only to qualified long-term care insurance contracts, as noted.

(4) Group policies or certificates issued for delivery outside this state to Montana residents are subject to these rules and Title 33 of the Montana Code Annotated.

 

History: 33-1-313, 33-22-1121, MCA; IMP, 33-22-1101, 33-22-1102, 33-22-1103, 33-22-1107, 33-22-1108, 33-22-1111, 33-22-1112, 33-22-1113, 33-22-1114, 33-22-1115, 33-22-1116, 33-22-1117, 33-22-1119, 33-22-1120, 33-22-1121, MCA; NEW, 1991 MAR p. 119, Eff. 2/1/91; AMD, 1998 MAR p. 3271, Eff. 12/18/98; AMD, 2008 MAR p. 615, Eff. 10/1/08; AMD, 2019 MAR p. 126, Eff. 1/26/19.