House File 355 - Introduced



                                       HOUSE FILE       
                                       BY  UPMEYER


    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act establishing standardized requirements and a consumer
  2    guide for long=term care insurance policies and providing an
  3    applicability date.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1378YH 83
  6 av/nh/14

PAG LIN



  1  1    Section 1.  Section 514G.105, Code 2009, is amended by
  1  2 adding the following new subsections:
  1  3    NEW SUBSECTION.  5A.  STANDARD PROVISIONS.
  1  4    a.  The commissioner shall adopt rules establishing
  1  5 standard provisions for terms and benefits required to be
  1  6 included in a long=term care insurance policy advertised,
  1  7 marketed, offered, delivered, or issued for delivery in this
  1  8 state.  The rules shall establish a standard format for such
  1  9 long=term care insurance policies to facilitate ease of
  1 10 comparison of the various policies by consumers.
  1 11    b.  The commissioner shall review each policy of long=term
  1 12 care insurance prior to the policy being advertised, marketed,
  1 13 offered, delivered, or issued for delivery in this state to
  1 14 ensure that the policy complies with the requirements of this
  1 15 subsection and rules adopted pursuant to this subsection.
  1 16    NEW SUBSECTION.  7A.  CONSUMER GUIDE.
  1 17    a.  A consumer guide, as prescribed by the commissioner by
  1 18 rule, shall be delivered to a prospective applicant for
  1 19 long=term care insurance at the time of the initial
  1 20 solicitation for coverage.
  1 21    (1)  In the case of producer solicitations, a producer
  1 22 shall deliver the consumer guide to a prospective applicant
  1 23 prior to the presentation of an application or enrollment
  1 24 form.
  1 25    (2)  In the case of direct response solicitations, the
  1 26 consumer guide shall be presented in conjunction with any
  1 27 application or enrollment form.
  1 28    (3)  In the case of a policy issued to a group as described
  1 29 in section 514G.103, subsection 9, paragraph "a", a consumer
  1 30 guide is not required to be delivered to the applicant,
  1 31 provided that the information described in paragraph "b" of
  1 32 this subsection is contained in other enrollment materials
  1 33 provided.  Upon request such other enrollment materials shall
  1 34 be made available to the commissioner.
  1 35    b.  The consumer guide shall include a description of the
  2  1 standard terms, benefits, and format required for a long=term
  2  2 care insurance policy in this state.  The commissioner of
  2  3 insurance may by reference adopt or permit the use of the
  2  4 long=term care insurance consumer guide developed by the
  2  5 national association of insurance commissioners, the blue
  2  6 cross and blue shield association, or the health insurance
  2  7 association of America, provided that the consumer guide that
  2  8 is adopted or permitted to be used by reference meets all of
  2  9 the requirements of this subsection.
  2 10    Sec. 2.  APPLICABILITY.  This Act applies to long=term care
  2 11 insurance policies advertised, marketed, offered, delivered,
  2 12 or issued for delivery in this state on or after July 1, 2009.
  2 13                           EXPLANATION
  2 14    This bill requires the commissioner of insurance to adopt
  2 15 rules establishing standard provisions for terms and benefits
  2 16 required to be included in a long=term care insurance policy
  2 17 advertised, marketed, offered, delivered, or issued for
  2 18 delivery in this state.  The rules must establish a standard
  2 19 format for such policies so that consumers can easily compare
  2 20 the various policies offered.  The commissioner is required to
  2 21 review each policy of long=term care insurance to ensure that
  2 22 the policy complies with these requirements.
  2 23    The bill also requires the commissioner to adopt rules
  2 24 concerning a consumer guide to be delivered to prospective
  2 25 applicants for long=term care insurance at the time of
  2 26 solicitation, application, or enrollment.  The guide must
  2 27 include a description of the required standard terms,
  2 28 benefits, and format in long=term care insurance policies in
  2 29 this state.  The commissioner may by reference adopt or permit
  2 30 the use of a consumer guide developed by the national
  2 31 association of insurance commissioners, the blue cross and
  2 32 blue shield association, or the health insurance association
  2 33 of America, so long as the guide meets all the requirements of
  2 34 the bill.
  2 35    The bill is applicable to long=term care insurance policies
  3  1 advertised, marketed, offered, delivered, or issued for
  3  2 delivery in this state on or after July 1, 2009.
  3  3 LSB 1378YH 83
  3  4 av/nh/14