191—39.30 (514G) Standards for benefit triggers.
	 39.30(1) A long-term care insurance policy shall condition the payment of benefits on a determination of the insured’s ability to perform activities of daily living and on cognitive impairment. Eligibility for the payment of benefits shall not be more restrictive than requiring either a deficiency in the ability to perform not more than three of the activities of daily living or the presence of cognitive impairment.
	 39.30(2) Activities of daily living.
	  a.   	 Activities of daily living shall include at least the following as defined in rule 191—39.5(514G) and in the policy:
	 (1) 	 Bathing;
	 (2) 	 Continence;
	 (3) 	 Dressing;
	 (4) 	 Eating;
	 (5) 	 Toileting; and
	 (6) 	 Transferring.
	  b.   	 Insurers may use other activities of daily living to trigger covered benefits as long as the activities are defined in the policy.
	 39.30(3) An insurer may use additional provisions for the determination of when benefits are payable under a policy or certificate; however, the provisions shall not restrict, and are not in lieu of, the requirements contained in subrules 39.30(1) and 39.30(2).
	 39.30(4) For purposes of this rule, the determination of a deficiency shall not be more restrictive than:
	  a.   	 Requiring the hands-on assistance of another person to perform the prescribed activities of daily living; or
	  b.   	 If the deficiency is due to the presence of a cognitive impairment, supervision or verbal cuing by another person is needed in order to protect the insured or others.
	 39.30(5) Assessments of activities of daily living and cognitive impairment shall be performed by licensed or certified professionals, such as physicians, nurses or social workers.
	 39.30(6) Long-term care insurance policies shall include a clear description of the process for appealing and resolving benefit determinations.
	 39.30(7) The requirements set forth in this rule shall be effective July 1, 2003, and shall apply as follows:
	  a.   	 Except as provided in paragraph “b,” the provisions of this rule apply to a long-term care policy issued in this state on or after February 1, 2003.
	  b.   	 For certificates issued on or after July 1, 2003, under a group long-term care insurance policy as defined in Iowa Code section 514G.4(4)“a” that was in force on February 1, 2003, the provisions of this rule shall not apply.