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Session Laws, 1993
Volume 772, Page 1627   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                         Ch. 242

"NOTICE TO BUYER: YOU MAY SURRENDER THE CONTRACT OR POLICY OF
LONG-TERM CARE INSURANCE WITHOUT PENALTY OR OBLIGATION WITHIN 30
DAYS FROM THE DATE OF DELIVERY OF THE POLICY. IF YOU DECIDE TO
SURRENDER THE CONTRACT OR POLICY, YOU MUST PROVIDE NOTICE OF THE
SURRENDER IN WRITING TO THE INSURER. ANY ATTEMPT TO OBTAIN A
WAIVER OF YOUR RIGHT TO SURRENDER IS UNLAWFUL. SURRENDER
ENTITLES YOU TO A REFUND OF ALL MONEYS WITHIN 30 BUSINESS DAYS
AFTER RECEIPT OF NOTICE OF SURRENDER."

(b) A policy surrendered under this section is deemed void from its effective date.

(C) THIS SECTION SHALL NOT] APPLY TO PLANS UNDER § 125 OF THE
INTERNAL REVENUE SERVICE CODE.

646.1.

(A)     ALL APPLICATIONS FOR LONG-TERM CARE INSURANCE EXCEPT THOSE
THAT ARE GUARANTEED ISSUE SHALL CONTAIN CLEAR AND UNAMBIGUOUS
QUESTIONS DESIGNED TO ASCERTAIN THE HEALTH CONDITION OF THE APPLICANT.

(B)     (1) IF AN APPLICATION FOR LONG-TERM CARE INSURANCE CONTAINS
A QUESTION THAT ASKS WHETHER THE APPLICANT HAS HAD MEDICATION
PRESCRIBED BY A PHYSICIAN, THE APPLICATION SHALL ALSO CONTAIN A QUESTION
ASKING THE APPLICANT TO LIST THE MEDICATION THAT HAS BEEN PRESCRIBED.

(2) IF THE MEDICATION LISTED UNDER THIS SUBSECTION WERE
KNOWN BY THE INSURER, OR SHOULD HAVE BEEN KNOWN BY THE INSURER AT THE
TIME OF APPLICATION, TO BE DIRECTLY RELATED TO A MEDICAL CONDITION FOR
WHICH COVERAGE WOULD OTHERWISE BE DENIED, THEN THE LONG-TERM CARE .
POLICY OR CERTIFICATE MAY NOT BE RESCINDED FOR THAT CONDITION.

647.

(a)     (1) An insurer shall provide an applicant for long-term care insurance with
[an]:

(I)      AN outline of coverage; AND

(II)     A BUYER'S GUIDE.

(2) THE INSURER SHALL DELIVER THE OUTLINE AND GUIDE:

(I)      IN THE CASE OF SOLICITATION BY THE INSURER OR THE
AGENT OF THE INSURER, BEFORE THE PRESENTATION OF AN APPLICATION OR
ENROLLMENT FORM; AND

(II)     IN THE CASE OF DIRECT RESPONSE SOLICITATION, WITH THE
APPLICATION OR ENROLLMENT FORM.

(b)     The outline shall include:

(1) A description of the principal benefits and coverage provided in the
policy or contract;

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Session Laws, 1993
Volume 772, Page 1627   View pdf image
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