§431:10H-202 - Renewability.
§431:10H-202 Renewability. (a) The terms "guaranteed renewable" and "noncancellable" shallnot be used in any individual long-term care insurance policy without furtherexplanatory language in accordance with the disclosure requirements of section431:10H-211. A policy issued to an individual shall not contain renewalprovisions 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 careinsurance in force by the timely payment of premiums and when the insurer hasno unilateral right to make any change in any provision of the policy or riderwhile the insurance is in force, and cannot decline to renew, except that ratesmay be revised by the insurer on a class basis.
(c) The term "noncancellable" meansthe insured has the right to continue the long-term care insurance in force bythe timely payment of premiums during which period the insurer has no right tounilaterally make any change in any provision of the insurance or in thepremium rate.
(d) The term "level premium" mayonly be used when the insurer does not have the right to change the premium.
(e) In addition to the other requirements ofthis section, a qualified long-term care insurance contract shall be guaranteedrenewable, within the meaning of section 7702B(b)(1)(C) of the Internal RevenueCode of 1986, as amended. [L 1999, c 93, pt of §2; am L 2007, c 233, §11]