§5077. Nonforfeiture benefits
1. Offer required. Except as provided in subsection 2, a long-term care insurance policy or certificate may not be delivered or issued for delivery in this State unless the policyholder or certificate holder has been offered the option of purchasing a policy or certificate that includes a nonforfeiture benefit. The offer of a nonforfeiture benefit may be in the form of a rider that is attached to the policy. If the policyholder or certificate holder declines the nonforfeiture benefit, the insurer shall provide a contingent benefit upon lapse that must be made available for a specified period of time following a substantial increase in premium rates.
[PL 1999, c. 292, §2 (NEW).]
2. Group policyholders. When a group long-term care insurance policy is issued, the offer required in subsection 1 must be made to the group policyholder. If the group long-term care insurance policy is issued to a group described in section 2808 other than to a continuing care retirement community or other similar entity, the offer must be made to each proposed certificate holder.
[PL 1999, c. 292, §2 (NEW).]
3. Rules. The superintendent shall adopt rules specifying the type or types of nonforfeiture benefits to be offered as part of long-term care insurance policies and certificates, the standards for nonforfeiture benefits and the standards regarding contingent benefit upon lapse, including a determination of the specified period of time during which a contingent benefit upon lapse is available and the substantial premium rate increase that triggers a contingent benefit upon lapse as described in subsection 1. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II‑A.
[PL 1999, c. 292, §2 (NEW).]
SECTION HISTORY
PL 1999, c. 292, §2 (NEW).
Structure Maine Revised Statutes
TITLE 24-A: MAINE INSURANCE CODE
Chapter 68-A: LONG-TERM CARE INSURANCE
24-A §5073. Extraterritorial jurisdiction; group long-term care insurance
24-A §5074. Disclosure standards for long-term care insurance
24-A §5075. Required provisions; prohibitions; loss ratio standards for long-term care insurance
24-A §5075-A. Certification by superintendent
24-A §5076. Incontestability period
24-A §5077. Nonforfeiture benefits
24-A §5081. Producer training requirements
24-A §5082. Long-term Care Partnership Program; availability of qualified policies