§ 27-34.2-22. Discretionary clauses.
(a) No new or existing policy or certificate may contain any provision:
(1) Purporting to reserve sole discretion to the insurance company to determine eligibility for benefits or interpret the terms of a policy or certificate; or
(2) Specifying or affecting a standard of review upon which a court may review denial of a claim or any other decision made by an insurance company with respect to a policyholder or certificate holder.
(b) Any such clause or language included in a contract, policy or certificate issued to or covering a resident of this state that is contrary to or inconsistent with the provisions of this section is void and unenforceable.
(c) Nothing in this section prohibits an insurer from including a provision in a contract that informs an insured that as part of its routine operations the insurer applies the terms of its contracts for making decisions, including making determinations regarding eligibility, receipt of benefits and claims, or explaining policies, procedures, and processes, so long as the provision could not give rise to a deferential standard of review by any reviewing court.
History of Section.P.L. 2013, ch. 85, § 6; P.L. 2013, ch. 94, § 6.
Structure Rhode Island General Laws
Chapter 27-34.2 - Long Term Care Insurance
Section 27-34.2-3. - Short title.
Section 27-34.2-4. - Definitions.
Section 27-34.2-5. - Extraterritorial jurisdiction — Group long term care insurance.
Section 27-34.2-6. - Disclosure and performance standards for long-term-care insurance.
Section 27-34.2-7. - Repealed.
Section 27-34.2-7.1. - Incontestability period.
Section 27-34.2-8. - Discretionary powers of director.
Section 27-34.2-9. - Administrative procedures.
Section 27-34.2-10. - Enforcement and penalties.
Section 27-34.2-11. - Repealed.
Section 27-34.2-12. - Unintentional policy lapse.
Section 27-34.2-13. - Requirement to offer inflation protection.
Section 27-34.2-14. - Standards for marketing.
Section 27-34.2-15. - Requirement to deliver shopper’s guide.
Section 27-34.2-16. - Authority to promulgate regulations.
Section 27-34.2-17. - Repealed.
Section 27-34.2-18. - Pre-certification for Medicaid protection of resources.
Section 27-34.2-19. - Nonforfeiture benefits.
Section 27-34.2-20. - Severability.