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ROBERT L. EHRLICH, JR., Governor Ch. 508
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SHALL BE EFFECTIVE AT THE TIME OF ENACTMENT OF THIS COMPACT BY THE
COMPACTING STATE AND SHALL APPLY TO ALL EXISTING UNIFORM STANDARDS
INVOLVING LONG-TERM CARE INSURANCE PRODUCTS AND THOSE SUBSEQUENTLY
PROMULGATED.
5. EFFECT OF OPT OUT. IF A COMPACTING STATE ELECTS TO OPT OUT OF A
UNIFORM STANDARD, THE UNIFORM STANDARD SHALL REMAIN APPLICABLE IN THE
COMPACTING STATE ELECTING TO OPT OUT UNTIL SUCH TIME AS THE OPT OUT
LEGISLATION IS ENACTED INTO LAW OR THE REGULATION OPTING OUT BECOMES
EFFECTIVE.
ONCE THE OPT OUT OF A UNIFORM STANDARD BY A COMPACTING STATE
BECOMES EFFECTIVE AS PROVIDED UNDER THE LAWS OF THAT STATE, THE
UNIFORM STANDARD SHALL HAVE NO FURTHER FORCE AND EFFECT IN THAT STATE
UNLESS AND UNTIL THE LEGISLATION OR REGULATION IMPLEMENTING THE OPT
OUT IS REPEALED OR OTHERWISE BECOMES INEFFECTIVE UNDER THE LAWS OF THE
STATE. IF A COMPACTING STATE OPTS OUT OF A UNIFORM STANDARD AFTER THE
UNIFORM STANDARD HAS BEEN MADE EFFECTIVE IN THAT STATE, THE OPT OUT
SHALL HAVE THE SAME PROSPECTIVE EFFECT AS PROVIDED UNDER ARTICLE XIV
FOR WITHDRAWALS.
6. STAY OF UNIFORM STANDARD. IF A COMPACTING STATE HAS FORMALLY
INITIATED THE PROCESS OF OPTING OUT OF A UNIFORM STANDARD BY
REGULATION, AND WHILE THE REGULATORY OPT OUT IS PENDING, THE
COMPACTING STATE MAY PETITION THE COMMISSION, AT LEAST 15 DAYS BEFORE
THE EFFECTIVE DATE OF THE UNIFORM STANDARD, TO STAY THE EFFECTIVENESS
OF THE UNIFORM STANDARD IN THAT STATE. THE COMMISSION MAY GRANT A STAY
IF IT DETERMINES THE REGULATORY OPT OUT IS BEING PURSUED IN A REASONABLE
MANNER AND THERE IS A LIKELIHOOD OF SUCCESS. IF A STAY IS GRANTED OR
EXTENDED BY THE COMMISSION, THE STAY OR EXTENSION THEREOF MAY
POSTPONE THE EFFECTIVE DATE BY UP TO 90 DAYS, UNLESS AFFIRMATIVELY
EXTENDED BY THE COMMISSION; PROVIDED, THAT A STAY MAY NOT BE PERMITTED
TO REMAIN IN EFFECT FOR MORE THAN 1 YEAR UNLESS THE COMPACTING STATE
CAN SHOW EXTRAORDINARY CIRCUMSTANCES WHICH WARRANT A CONTINUANCE
OF THE STAY, INCLUDING THE EXISTENCE OF A LEGAL CHALLENGE WHICH
PREVENTS THE COMPACTING STATE FROM OPTING OUT. A STAY MAY BE
TERMINATED BY THE COMMISSION ON NOTICE THAT THE RULE MAKING PROCESS
HAS BEEN TERMINATED.
7. NOT LATER THAN 30 DAYS AFTER A RULE OR OPERATING PROCEDURE IS
PROMULGATED, ANY PERSON MAY FILE A PETITION FOR JUDICIAL REVIEW OF THE
RULE OR OPERATING PROCEDURE; PROVIDED, THAT THE FILING OF SUCH A
PETITION SHALL NOT STAY OR OTHERWISE PREVENT THE RULE OR OPERATING
PROCEDURE FROM BECOMING EFFECTIVE UNLESS THE COURT FINDS THAT THE
PETITIONER HAS A SUBSTANTIAL LIKELIHOOD OF SUCCESS. THE COURT SHALL GIVE
DEFERENCE TO THE ACTIONS OF THE COMMISSION CONSISTENT WITH APPLICABLE
LAW AND SHALL NOT FIND THE RULE OR OPERATING PROCEDURE TO BE UNLAWFUL
IF THE RULE OR OPERATING PROCEDURE REPRESENTS A REASONABLE EXERCISE OF
THE COMMISSION'S AUTHORITY.
- 2977 -
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