§431:10H-222  Reporting requirements. 
(a)  Every insurer shall maintain records for each producer of the producer's
amount of replacement sales as a per cent of the producer's total annual sales
and the amount of lapses of long-term care insurance policies sold by the
producer as a per cent of the producer's total annual sales.



(b)  Every insurer shall report annually by
June 30 the ten per cent of its producers with the greatest percentages of
lapses and replacements as measured in subsection (a).  The form shall be in
the format contained in Appendix G to the April, 2002, NAIC Long-Term Care
Insurance Model Regulation.



(c)  Reported replacement and lapse rates do
not alone constitute a violation of insurance laws or necessarily imply
wrongdoing.  The reports are for the purpose of reviewing more closely producer
activities regarding the sale of long-term care insurance.



(d)  Every insurer shall report annually by
June 30 the number of lapsed policies as a per cent of its total annual sales
and as a per cent of its total number of policies in force as of the end of the
preceding calendar year.  The form shall be in the format contained in Appendix
G to the April, 2002, NAIC Long-Term Care Insurance Model Regulation.



(e)  Every insurer shall report annually by
June 30 the number of replacement policies sold as a per cent of its total
annual sales and as a per cent of its total number of policies in force as of
the end of the preceding calendar year.  The form shall be in the format
contained in Appendix G to the April, 2002, NAIC Long-Term Care Insurance Model
Regulation.



(f)  For qualified long-term care insurance
contracts, every insurer shall report annually by June 30, the number of claims
denied for each class of business, expressed as a percentage of claims denied. 
The form shall be in the format contained in Appendix E to the April, 2002,
NAIC Long-Term Care Insurance Model Regulation.



(g)  Reports required under this section shall
be filed with the commissioner.



(h)  For purposes of this section:



"Claim" means a request for payment
of benefits under an in force policy regardless of whether the benefit claimed
is covered under the policy or any terms or conditions of the policy have been
met.  Claims shall be subject to the definition of "denied".



"Denied" means the insurer refuses to
pay a claim for any reason other than for claims not paid for failure to meet
the waiting period or because of an applicable preexisting condition.



"Policy" means only long-term care
insurance.



"Report" means on a statewide basis.
[L 1999, c 93, pt of §2; am L 2001, c 216, §22; am L 2007, c 233, §17]