Ch. 35

1997 LAWS OF MARYLAND

"Health insurance" § 1-101
"Insurance" § 1-101
"Long-term care insurance" § 18-101
"Policy" § 1-101

18-104. QUESTIONS IN APPLICATIONS.

(A) HEALTH CONDITION OF APPLICANT.

EACH APPLICATION FOR LONG-TERM CARE INSURANCE, EXCEPT
APPLICATIONS THAT ARE FOR LONG-TERM CARE INSURANCE THAT IS
GUARANTEED ISSUE, SHALL CONTAIN CLEAR AND UNAMBIGUOUS QUESTIONS TO
ASCERTAIN THE HEALTH CONDITION OF THE APPLICANT.

(B) MEDICATIONS.

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

(2) IF THE CARRIER KNEW OR SHOULD HAVE KNOWN THAT THE
MEDICATION LISTED UNDER PARAGRAPH (1) OF THIS SUBSECTION AT THE TIME OF
APPLICATION WAS DIRECTLY RELATED TO A MEDICAL CONDITION FOR WHICH
COVERAGE WOULD OTHERWISE BE DENIED, THE POLICY OR CERTIFICATE OF
LONG-TERM CARE INSURANCE MAY NOT BE RESCINDED FOR THAT CONDITION.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 646.1.

Defined terms: "Applicant" § 18-101
"Carrier" § 18-101
"Certificate" § 18-101
"Long-term care insurance" § 18-101
"Policy" § 1-101

18-105. APPLICANTS AT LEAST 80 YEARS OLD.

BEFORE ISSUING A POLICY OF LONG-TERM CARE INSURANCE TO AN
APPLICANT WHO IS AT LEAST 80 YEARS OLD, UNLESS THE POLICY IS GUARANTEED
ISSUE, THE CARRIER SHALL OBTAIN;

(1) A REPORT OF A PHYSICAL EXAMINATION;

(2) AN ASSESSMENT OF FUNCTIONAL CAPACITY; OR

(3) COPIES OF MEDICAL RECORDS.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 647.1.

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