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Session Laws, 2005
Volume 752, Page 2969   View pdf image
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ROBERT L. EHRLICH, JR., Governor                             Ch. 508
3.       THE COMMISSION IS SOLELY RESPONSIBLE FOR ITS LIABILITIES EXCEPT
AS OTHERWISE SPECIFICALLY PROVIDED IN THIS COMPACT. 4.       VENUE IS PROPER AND JUDICIAL PROCEEDINGS BY OR AGAINST THE
COMMISSION SHALL BE BROUGHT SOLELY AND EXCLUSIVELY IN A COURT OF
COMPETENT JURISDICTION WHERE THE PRINCIPAL OFFICE OF THE COMMISSION IS
LOCATED. ARTICLE IV. POWERS OF THE COMMISSION.
THE COMMISSION SHALL HAVE THE FOLLOWING POWERS: 1.       TO PROMULGATE RULES, PURSUANT TO ARTICLE VII OF THIS COMPACT,
WHICH SHALL HAVE THE FORCE AND EFFECT OF LAW AND SHALL BE BINDING IN
THE COMPACTING STATES TO THE EXTENT AND IN THE MANNER PROVIDED IN THIS
COMPACT; 2.       TO EXERCISE ITS RULE-MAKING AUTHORITY AND ESTABLISH
REASONABLE UNIFORM STANDARDS FOR PRODUCTS COVERED UNDER THE
COMPACT, AND ANY ADVERTISEMENT RELATED THERETO, WHICH SHALL HAVE THE
FORCE AND EFFECT OF LAW AND SHALL BE BINDING IN THE COMPACTING STATES,
BUT ONLY FOR THOSE PRODUCTS FILED WITH THE COMMISSION; PROVIDED, THAT A
COMPACTING STATE SHALL HAVE THE RIGHT TO OPT OUT OF SUCH UNIFORM
STANDARD PURSUANT TO ARTICLE VII, TO THE EXTENT AND IN THE MANNER
PROVIDED BY THIS COMPACT; AND PROVIDED FURTHER, THAT ANY UNIFORM
STANDARD ESTABLISHED BY THE COMMISSION FOR LONG-TERM CARE INSURANCE
PRODUCTS MAY PROVIDE THE SAME OR GREATER PROTECTIONS FOR CONSUMERS
AS, BUT SHALL NOT PROVIDE LESS THAN, THOSE PROTECTIONS SET FORTH IN THE
NATIONAL ASSOCIATION OF INSURANCE COMMISSIONER'S LONG-TERM CARE
INSURANCE MODEL ACT AND LONG-TERM CARE INSURANCE MODEL REGULATION,
RESPECTIVELY, ADOPTED AS OF 2001. THE COMMISSION SHALL CONSIDER WHETHER
ANY SUBSEQUENT AMENDMENTS TO THE NAIC LONG-TERM CARE INSURANCE
MODEL ACT OR THE LONG-TERM CARE INSURANCE MODEL REGULATION ADOPTED
BY THE NAIC REQUIRE AMENDING OF THE UNIFORM STANDARDS ESTABLISHED BY
THE COMMISSION FOR LONG-TERM CARE INSURANCE PRODUCTS; 3.       TO RECEIVE AND REVIEW IN AN EXPEDITIOUS MANNER PRODUCTS FILED
WITH THE COMMISSION, AND RATE FILINGS FOR DISABILITY INCOME AND
LONG-TERM CARE INSURANCE PRODUCTS, AND GIVE APPROVAL OF THOSE
PRODUCTS AND RATE FILINGS THAT SATISFY THE APPLICABLE UNIFORM STANDARD,
WHERE SUCH APPROVAL SHALL HAVE THE FORCE AND EFFECT OF LAW AND BE
BINDING IN THE COMPACTING STATES TO THE EXTENT AND IN THE MANNER
PROVIDED BY THE COMPACT; 4.       TO RECEIVE AND REVIEW IN AN EXPEDITIOUS MANNER ADVERTISEMENT
RELATING TO LONG-TERM CARE INSURANCE PRODUCTS FOR WHICH UNIFORM
STANDARDS HAVE BEEN ADOPTED BY THE COMMISSION, AND GIVE APPROVAL TO
ALL ADVERTISEMENT THAT SATISFIES THE APPLICABLE UNIFORM STANDARD. FOR
ANY PRODUCT COVERED UNDER THIS COMPACT, OTHER THAN LONG-TERM CARE
INSURANCE PRODUCTS, THE COMMISSION SHALL HAVE THE AUTHORITY TO - 2969 -


 
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Session Laws, 2005
Volume 752, Page 2969   View pdf image
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