§431:10H-220  Requirement to offer inflation protection; group and individual policies.  (a)  No insurer may offer a long-term care insurance policy unless the insurer also offers to the policyholder in addition to any other inflation protection the option to purchase a policy that provides for benefit levels to increase with benefit maximums or reasonable durations which are meaningful to account for reasonably anticipated increases in the costs of long-term care services covered by the policy.  Insurers shall offer to each policyholder, at the time of purchase, the option to purchase a policy with an inflation protection feature no less favorable than one of the following:

     (1)  Increases benefit levels annually in a manner so that the increases are compounded annually at a rate not less than five per cent;

     (2)  Guarantees the insured individual the right to periodically increase benefit levels without providing evidence of insurability or health status so long as the option for the previous period has not been declined.  The amount of the additional benefit shall be no less than the difference between the existing policy benefit and that benefit compounded annually at a rate of at least five per cent for the period beginning with the purchase of the existing benefit and extending until the year in which the offer is made; or

     (3)  Covers a specified percentage of actual or reasonable charges and does not include a maximum specified indemnity amount or limit.

     (b)  Where the policy is issued to a group, the required offer in subsection (a) shall be made to the group policyholder; except if the policy is issued to a group defined in paragraph (4) under the definition of "group long-term care insurance" in section 431:10H-104 other than to a continuing care retirement community, the offering shall be made to each certificate holder.

     (c)  The offer in subsection (a) shall not be required of life insurance policies or riders containing accelerated long-term care benefits.

     (d)  Insurers shall include the following information in or with the outline of coverage:

     (1)  A graphic comparison of the benefit levels of a policy that increases benefits over the policy period with a policy that does not increase benefits.  The graphic comparison shall show benefit levels over at least a twenty-year period.

     (2)  Any expected premium increases or additional premiums to pay for automatic or optional benefit increases.

     (e)  Inflation protection benefit increases under a policy which contains these benefits shall continue without regard to an insured's age, claim status or claim history, or the length of time the person has been insured under the policy.

     (f)  An offer of inflation protection that provides for automatic benefit increases shall include an offer of a premium which the insurer expects to remain constant.  The offer shall disclose in a conspicuous manner that the premium may change in the future unless the premium is guaranteed to remain constant.

     (g)  Inflation protection in subsection (a)(2) shall be included in a long-term care insurance policy unless the insurer obtains a rejection of inflation protection signed by the policyholder as required in subsection (h).

     (h)  The rejection shall be considered a part of the application and shall state:


"I have reviewed the outline of coverage and the graphs that compare the benefits and premiums of this policy with and without inflation protection.  Specifically, I have reviewed Plans _________________, and I REJECT INFLATION PROTECTION."


[L 1999, c 93, pt of §2; am L 2003, c 212, §96]