By Naishtat                                           H.B. No. 2161
         76R5999 PB-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to standards and other requirements for long-term care
 1-3     insurance coverage.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 3, Article 3.70-12, Insurance Code, is
 1-6     amended to read as follows:
 1-7           Sec. 3. MINIMUM STANDARDS FOR LONG-TERM CARE INSURANCE.  (a)
 1-8     The commissioner [State Board of Insurance] by rule shall establish
 1-9     specific standards for provisions of long-term care insurance
1-10     policies and standards for full and fair disclosure setting forth
1-11     the manner, content, and required disclosures for the marketing and
1-12     sale of long-term care insurance policies.  Those standards are in
1-13     addition to and in accordance with applicable laws of this state,
1-14     including Subchapter G of Chapter 3 of this code, applicable
1-15     federal law, and any rules, regulations, and standards required by
1-16     federal law.
1-17           (b)  At a minimum, the [The] standards established under
1-18     Subsection (a)  of this section shall cover the following:
1-19                 (1)  terms of renewability;
1-20                 (2)  initial and subsequent conditions of eligibility;
1-21                 (3)  nonduplication of coverage;
1-22                 (4)  coverage of dependents;
1-23                 (5)  preexisting conditions;
1-24                 (6)  termination of insurance;
 2-1                 (7)  continuation or conversion;
 2-2                 (8)  probationary periods;
 2-3                 (9)  benefit limitations, exceptions, and reductions;
 2-4                 (10)  elimination periods;
 2-5                 (11)  requirements for replacement;
 2-6                 (12)  recurrent conditions;
 2-7                 (13)  definitions of terms; [and]
 2-8                 (14)  inflation protection; and
 2-9                 (15)  nonforfeiture benefit provisions.
2-10           (c)  The standards adopted under Subsection (a)(13) of this
2-11     section must require each long-term care insurance policy to print
2-12     in the policy definitions of each insurance term used in the
2-13     policy.
2-14           (d)  The standards adopted under Subsection (a)(14) of this
2-15     section must require each insurer who delivers, issues for
2-16     delivery, or renews a long-term care insurance policy in this state
2-17     to provide an inflation protection benefit in the policy that
2-18     provides, at a minimum, a five percent annual increase in benefit
2-19     levels under the policy.
2-20           (e)  The standards adopted under Subsection (a)(15) of this
2-21     section must define nonforfeiture benefits under the coverage and
2-22     establish nonforfeiture provisions that require each insurer who
2-23     delivers, issues for delivery, or renews a long-term care insurance
2-24     policy in this state to allow a person who purchases coverage under
2-25     the policy to choose as the nonforfeiture benefit  reduced paid up
2-26     insurance, extended term insurance, or a shortened benefit period.
2-27     The standards must:
 3-1                 (1)  include standards for determining reduced paid up
 3-2     insurance and extended term nonforfeiture values;
 3-3                 (2)  recognize policyholder equity and interest in
 3-4     computing the shortened benefit period nonforfeiture benefit; and
 3-5                 (3)  ensure that each long-term care insurance policy
 3-6     returns to policyholders benefits that are reasonable in relation
 3-7     to the premium charged as required under Section 4 of this article.
 3-8           (f)  The standards established under Subsection (a) of this
 3-9     section may:
3-10                 (1)  establish standard claim forms;
3-11                 (2)  establish standard benefits for:
3-12                       (A)  skilled nursing care;
3-13                       (B)  intermediate nursing care;
3-14                       (C)  custodial care; and
3-15                       (D)  home health care;
3-16                 (3)  require coverage for skilled nursing care,
3-17     intermediate nursing care, and custodial care to facilitate
3-18     comparison among long-term care insurance products;
3-19                 (4)  require insurers to offer coverage for home health
3-20     care benefits;
3-21                 (5)  require that premium rates may not be raised for a
3-22     covered individual unless either the covered individual requests
3-23     and receives a change of benefits or the increase is made for all
3-24     members of the class to which the individual has been assigned by
3-25     the insurer; or
3-26                 (6)  require an insurer to pay for services covered by
3-27     the policy that are rendered by any institution licensed to provide
 4-1     those services under Chapter 242, Health and Safety Code.
 4-2           (g) [(d)]  Any rules issued by the commissioner [State Board
 4-3     of Insurance] under this section shall include requirements no less
 4-4     favorable than the minimum standards of benefits for long-term care
 4-5     insurance adopted in any model laws or regulations relating to
 4-6     minimum standards for benefits for long-term care insurance and
 4-7     mandated by federal law.
 4-8           (h) [(e)]  In addition to other provisions of this section, a
 4-9     long-term care insurance policy or certificate subject to this
4-10     article may not contain a provision which denies a claim for losses
4-11     incurred more than six months from the effective date of coverage
4-12     for a preexisting condition.  A policy may not define a preexisting
4-13     condition more restrictively than a condition for which medical
4-14     advice was given or treatment was recommended by or received from a
4-15     physician within six months before the effective date of coverage.
4-16     The commissioner [State Board of Insurance] by rule may provide for
4-17     additional reasonable regulation of preexisting conditions
4-18     consistent with this section.  That authority includes the
4-19     authority to extend the limitations periods set forth in this
4-20     section as to specific age group categories in specific policy
4-21     forms, based on the board's first finding that such an extension is
4-22     in the best interest of the public.
4-23           SECTION 2.  Article 3.70-12, Insurance Code, is amended by
4-24     adding Section 8 to read as follows:
4-25           Sec. 8.  CONSUMER INFORMATION.  The commissioner shall
4-26     prescribe written information to be provided by an insurer to a
4-27     prospective purchaser of long-term care insurance coverage at the
 5-1     time of sale.  The information must:
 5-2                 (1)  describe the benefits available under the policy
 5-3     and expenses not covered by the policy; and
 5-4                 (2)  include a worksheet that allows the purchaser to
 5-5     estimate the value of the coverage to the purchaser based on an
 5-6     analysis of the purchaser's income and assets.
 5-7           SECTION 3.  Article 3.70-12, Insurance Code, as amended by
 5-8     this Act, applies only to an insurance policy delivered, issued for
 5-9     delivery, or renewed on or after January 1, 2000.  A policy
5-10     delivered, issued for delivery, or renewed before January 1, 2000,
5-11     is governed by the law as it existed immediately before the
5-12     effective date of this Act, and that law is continued in effect for
5-13     that purpose.
5-14           SECTION 4.  This Act takes effect September 1, 1999.
5-15           SECTION 5.  The importance of this legislation and the
5-16     crowded condition of the calendars in both houses create an
5-17     emergency and an imperative public necessity that the
5-18     constitutional rule requiring bills to be read on three several
5-19     days in each house be suspended, and this rule is hereby suspended.