§431:10H-226 - Loss ratio.
§431:10H-226 Loss ratio. (a) Benefits
under long-term care insurance policies shall be deemed reasonable in relation
to premiums; provided that the expected loss ratio is at least sixty per cent,
calculated in a manner that provides for adequate reserving of the long-term
care insurance risk. In evaluating the expected loss ratio due consideration
shall be given to all relevant factors, including:
(1) Statistical credibility of incurred claims
experience and earned premiums;
(2) The period for which rates are computed to
provide coverage;
(3) Experienced and projected trends;
(4) Concentration of experience within early policy
duration;
(5) Expected claim fluctuation;
(6) Experience refunds, adjustments, or dividends;
(7) Renewability features;
(8) All appropriate expense factors;
(9) Interest;
(10) Experimental nature of the coverage;
(11) Policy reserves;
(12) Mix of business by risk classification, if
applicable; and
(13) Product features such as long elimination
periods, high deductibles, and high maximum limits.
(b) For purposes of this section, the
commissioner shall consult with a qualified long-term care actuary.
(c) Subsection (a) shall not apply to life
insurance policies that accelerate benefits for long-term care. A life insurance
policy that funds long-term care benefits entirely by accelerating the death
benefit is considered to provide reasonable benefits in relation to premiums
paid, if the policy complies with all of the following provisions:
(1) The interest credited internally to determine
cash value accumulations, including long-term care, if any, are guaranteed not
to be less than the minimum guaranteed interest rate for cash value
accumulations without long-term care set forth in the policy;
(2) The portion of the policy that provides life
insurance benefits meets the nonforfeiture requirements for life insurance;
(3) The policy meets the disclosure requirements of
section 431:10H-114 as applicable;
(4) Any policy illustration that meets the applicable
requirements for policy illustration;
(5) An actuarial memorandum is filed with the
insurance division that includes:
(A) A description of the basis on which the
long-term care rates were determined;
(B) A description of the basis for the
reserves;
(C) A summary of the type of policy, benefits,
renewability, general marketing method, and limits on ages of issuance;
(D) A description and a table of each
actuarial assumption used. For expenses, an insurer shall include per cent of
premium dollars per policy and dollars per unit of benefits, if any;
(E) A description and a table of the
anticipated policy reserves and additional reserves to be held in each future
year for active lives;
(F) The estimated average annual premium per
policy and the average issue age;
(G) A statement as to whether underwriting is
performed at the time of application. The statement shall indicate whether
underwriting is used, and if used, the statement shall include a description of
the type or types of underwriting used such as medical underwriting or
functional assessment underwriting. Concerning a group policy, the statement
shall indicate whether the enrollee or any dependent will be underwritten and
when underwriting occurs; and
(H) A description of the effect of the long-term
care policy provision on the required premiums, nonforfeiture values, and
reserves on the underlying life insurance policy, both for active lives and
those in long-term care claim status.
(d) This section shall apply to all long-term
care insurance policies or certificates except those covered under sections
431:10H-207.5 and 431:10H-226.5. [L 1999, c 93, pt of §2; am L 2007, c 233, §18]