§431:10H-202 - Renewability.
§431:10H-202 Renewability. (a)
The terms "guaranteed renewable" and "noncancellable" shall
not be used in any individual long-term care insurance policy without further
explanatory language in accordance with the disclosure requirements of section
431:10H-211. A policy issued to an individual shall not contain renewal
provisions other than guaranteed renewable or noncancellable.
(b) The term "guaranteed renewable"
may be used only when the insured has the right to continue the long-term care
insurance in force by the timely payment of premiums and when the insurer has
no unilateral right to make any change in any provision of the policy or rider
while the insurance is in force, and cannot decline to renew, except that rates
may be revised by the insurer on a class basis.
(c) The term "noncancellable" means
the insured has the right to continue the long-term care insurance in force by
the timely payment of premiums during which period the insurer has no right to
unilaterally make any change in any provision of the insurance or in the
premium rate.
(d) The term "level premium" may
only be used when the insurer does not have the right to change the premium.
(e) In addition to the other requirements of
this section, a qualified long-term care insurance contract shall be guaranteed
renewable, within the meaning of section 7702B(b)(1)(C) of the Internal Revenue
Code of 1986, as amended. [L 1999, c 93, pt of §2; am L 2007, c 233, §11]