191—39.5 (514G) Policy definitions. No long-term care insurance policy delivered or issued for delivery in this state shall use the terms set forth below, unless the terms are defined in the policy and the definitions satisfy the following requirements:
	 39.5(1) “Medicare” shall be defined as “The Health Insurance for the Aged Act, Title XVIII of the Social Security Amendments of 1965 as Then Constituted or Later Amended,” or “Title I, Part I of Public Law 89-97, as Enacted by the Eighty-ninth Congress of the United States of America and popularly known as the Health Insurance for the Aged Act, as then constituted and any later amendments or substitutes thereof,” or words of similar import.
	 39.5(2) “Mental or nervous disorder” shall not be defined to include more than neurosis, psychoneurosis, psychopathy, psychosis, or mental or emotional disease or disorder.
	 39.5(3) Nursing care.
	  a.   	 “Skilled nursing care” shall not be defined more restrictively than one or more professional services performed for the benefit of the insured on a daily basis, by or under the supervision of a registered nurse, prescribed by a physician, appropriate and consistent with the diagnosis and conditions requiring care.
	  b.   	 “Intermediate nursing care” shall not be defined more restrictively than care which meets all of the above when professional nursing services are delivered on a regular basis but less often than daily.
	  c.   	 “Custodial nursing care” shall not be defined more restrictively than that level of care required to assist an individual in activities of daily living when, due to age complicated by sickness or injury, such care is required. This level of care can be performed by persons without professional skills or training.
	 39.5(4) “Nursing facility” shall be defined in relation to its status, facilities, and available services.
	  a.   	 A definition of such home or facility shall not be more restrictive than one requiring that it:
	 (1) 	 Be operated pursuant to law; be appropriately licensed or certified;
	 (2) 	 Be primarily engaged in providing, in addition to room and board accommodations, skilled or intermediate nursing care under the supervision of a duly licensed physician;
	 (3) 	 Provide nursing service by or under the supervision of a registered nurse (R.N.); and
	 (4) 	 Maintain a daily medical record of each patient.
	  b.   	 The definition of such home or facility may provide that the term shall not include:
	 (1) 	 Any home, facility or part thereof used primarily for rest;
	 (2) 	 A home or facility for the aged or for the care of drug addicts or alcoholics; or
	 (3) 	 A home or facility primarily used for the care and treatment of mental diseases, or disorders, or custodial or educational care.
	 39.5(5) “Acute condition” means that the individual is medically unstable. Such an individual requires frequent monitoring by medical professionals, such as physicians and registered nurses, in order to maintain the individual’s health status.
	 39.5(6) “Home health care services” means medical and nonmedical services, provided to ill, disabled or infirm persons in their residences. Such services may include homemaker services, assistance with activities of daily living and respite care services.
	 39.5(7) “Activities of daily living” means at least bathing, continence, dressing, eating, toileting and transferring.
	 39.5(8) “Adult day care” means a program for six or more individuals of social and health-related services provided during the day in a community group setting for the purpose of supporting frail, impaired elderly or other disabled adults who can benefit from care in a group setting outside the home.
	 39.5(9) “Bathing” means washing oneself by sponge bath or in either a tub or shower, including the task of getting into or out of the tub or shower.
	 39.5(10) “Cognitive impairment” means a deficiency in a person’s short- or long-term memory, orientation as to person, place and time, deductive or abstract reasoning, or judgment as it relates to safety awareness.
	 39.5(11) “Continence” means the ability to maintain control of bowel and bladder function or, when unable to maintain control of bowel or bladder function, the ability to perform associated personal hygiene (including caring for catheter or colostomy bag).
	 39.5(12) “Dressing” means putting on and taking off all items of clothing and any necessary braces, fasteners or artificial limbs.
	 39.5(13) “Eating” means feeding oneself by getting food into the body from a receptacle (such as a plate, cup or table) or by a feeding tube or intravenously.
	 39.5(14) “Exceptional increase” means only those increases filed by an insurer as exceptional for which the commissioner determines that the need for the premium rate increase is justified due to changes in laws or regulations applicable to long-term care coverage in this state or due to increased and unexpected utilization that affects the majority of insurers of similar products. Except as provided in rule 191—39.28(514G), exceptional increases are subject to the same requirements as other premium rate schedule increases.
The commissioner may request a review by an independent actuary or a professional actuarial body of the basis for a request that an increase be considered an exceptional increase. The commissioner, in determining that the necessary basis for an exceptional increase exists, shall also determine any potential offsets to higher claims costs.
	 39.5(15) “Hands-on assistance” means physical assistance (minimal, moderate or maximal) without which the individual would not be able to perform the activities of daily living.
	 39.5(16) “Incidental,” as used in subrule 39.28(10), means that the value of the long-term care benefits provided is less than 10 percent of the total value of the benefits provided over the life of the policy. These values shall be measured as of the date of issue.
	 39.5(17) “Personal care” means the provision of hands-on services to assist an individual with activities of daily living.
	 39.5(18) “Qualified actuary” means a member in good standing of the American Academy of Actuaries.
	 39.5(19) “Similar policy forms” means all of the long-term care insurance policies and certificates issued by an insurer in the same long-term care benefit classification as the policy form being considered. Certificates of groups that meet the definition in Iowa Code section 514G.4(4) are not considered similar to certificates or policies otherwise issued as long-term care insurance, but are similar to other comparable certificates with the same long-term care benefit classifications. For purposes of determining similar policy forms, long-term care benefit classifications are defined as follows: institutional long-term care benefits only, noninstitutional long-term care benefits only, or comprehensive long-term care benefits.
	 39.5(20) “Toileting” means getting to and from the toilet, getting on and off the toilet, and performing associated personal hygiene.
	 39.5(21) “Transferring” means moving into or out of a bed, chair or wheelchair.