This filing was published in the 06/15/2007, issue, Vol. 2007, No. 12, of the Utah State Bulletin.
NOTICE OF PROPOSED RULE
DAR File No.: 30006
Filed: 05/31/2007, 02:01
Received by: NL
Purpose of the rule or reason for the change:
The rule is being changed to create a new form for the standard reporting of long-term care applicants suitability requirements.
Summary of the rule or change:
The change in Section R590-148-25 is to reference the new form necessary for an insurer to submit its annual suitability report.
State statutory or constitutional authorization for this rule:
Sections 31A-2-201 and 31A-22-1404
Anticipated cost or savings to:
the state budget:
The change to this rule will create no fiscal impact on the department or the state budget. Health insurers are already providing the department with an annual suitability report. The change requires that they do it on a standard form as established by the department.
The changes to this rule will not impact local governments since the rule deals only with the relationship between the department and its licensees.
The change to this rule will create no fiscal impact on health insurers or their consumers. It merely standardizes the form on which they are already reporting their annual suitability report.
Compliance costs for affected persons:
The change to this rule will create no fiscal impact on health insurers or their consumers. It merely standardizes the form on which they are to file their annual suitability report on.
Comments by the department head on the fiscal impact the rule may have on businesses:
The change to this rule will create no fiscal impact Utah businesses. D. Kent Michie, Commissioner
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:Insurance
Room 3110 STATE OFFICE BLDG
450 N MAIN ST
SALT LAKE CITY UT 84114-1201
Direct questions regarding this rule to:
Jilene Whitby at the above address, by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at email@example.com
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
This rule may become effective on:
Jilene Whitby, Information Specialist
R590. Insurance, Administration.
R590-148. Long-Term Care Insurance Rule.
R590-148-25. Reporting Requirements.
(1) Every insurer shall maintain records for each agent of that agent's amount of replacement sales as a percent of the agent's total annual sales and the amount of lapses of long-term care insurance policies sold by the agent as a percent of the agent's total annual sales.
(a) Every insurer shall report the 10% of its agents with the greatest percentages of lapses and replacements as measured by Subsection R590-148-25(1).
(b) Every insurer shall report the number of lapsed policies as a percent of its total annual sales and as a percent of its total number of policies in force as of the end of the preceding calendar year.
(c) Every insurer shall report the number of replacement policies sold as a percent of its total annual sales and as a percent of its total number of policies in force as of the preceding calendar year.
(d) The reports required by Subsection R590-148-25(1)(a),(b), and (c) must be reported on the "Replacement and Lapse Reporting Form," Appendix G.
(e) 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 agent activities regarding the sale of long-term care insurance.
(2) Every insurer shall report, for qualified long-term care insurance contracts, the number of claims denied for each class of business, expressed as a percentage of claims denied. The report used by the insurer shall contain, at a minimum, the information in the format contained in Appendix E, Claims Denial Reporting Form Long-Term Care Insurance, in not less than 12 point type.
(3) Every insurer shall maintain a record of all policy or certificate rescissions, both state and countrywide, except those which the insured voluntarily effectuated and shall annually report this information in the format currently prescribed by the National Association of Insurance Commissioners.
(4) Every insurer shall report the total number of applications received from residents of this state, the number of those who declined to provide information on the personal worksheet, the number of applicants who did not meet the suitability standards, and the number of those who chose to confirm after receiving a suitability letter.
(5) For purposes of this section:
(a) "policy" shall mean only long-term care insurance;
(b) "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;
(c) "denied" means that 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; and
(d) "report" means on a statewide basis.
(6) Reports required under this section shall be filed with the commissioner annually on or before June 30.
Enactment or Last Substantive Amendment:
September 30, 2005]
Notice of Continuation: August 14, 2002
Authorizing, and Implemented or Interpreted Law: 31A-2-201; 31A-22-1404
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For questions regarding the content or application of this rule, please contact Jilene Whitby at the above address, by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at firstname.lastname@example.org
For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.
Last modified: 06/13/2007 11:53 AM