[§431:10H-223]  Discretionary powers of thecommissioner.  The commissioner may upon written request and after anadministrative hearing, issue an order to modify or suspend a specificprovision or provisions of this part with respect to a specific long-term careinsurance policy or certificate upon a written finding that:

(1)  The modification or suspension would be in thebest interest of the insureds;

(2)  The purposes to be achieved could not beeffectively or efficiently achieved without the modification or suspension; and

(3)  One of the following conditions have been met:

(A)  The modification or suspension isnecessary to the development of an innovative and reasonable approach forinsuring long-term care;

(B)  The policy or certificate is to be issuedto residents of a life care or continuing care retirement community or someother residential community for the elderly and the modification or suspensionis reasonably related to the special needs or nature of the community; or

(C)  The modification or suspension isnecessary to permit long-term care insurance to be sold as part of, or inconjunction with, another insurance product. [L 1999, c 93, pt of §2]