<?xml version='1.0' encoding='utf-8'?>
<section article="gin" article_name="Insurance" number="11-703" title_number="11" title_name="Insurance Rating Law" subtitle_number="7" subtitle_name="Long–term Care Insurance Premium Rate Review">
  <level label="a">
    <text>A carrier may not charge a premium to an insured under a policy or contract of long–term care insurance before the applicable premium rate is filed with and approved by the Commissioner.</text>
  </level>
  <level label="b">
    <text>A carrier may not change the premium charged to an insured under a policy or contract of long–term care insurance until the applicable premium rate change has been filed with and approved by the Commissioner.</text>
  </level>
  <level label="c">
    <level label="1">
      <text>Any applicable premium rate or premium rate change of a carrier shall be filed with the Commissioner in accordance with regulations adopted by the Commissioner.</text>
    </level>
    <level label="2">
      <level label="i">
        <text>The Commissioner shall disapprove or modify a proposed premium rate filing if the proposed premium rates appear, based on actuarial analysis and reasonable assumptions, to be inadequate, unfairly discriminatory, or excessive in relation to benefits.</text>
      </level>
      <level label="ii">
        <text>In determining whether to disapprove or modify a premium rate filing of a carrier, the Commissioner shall consider, to the extent appropriate:</text>
        <level label="1">
          <text>past and prospective loss experience in and outside the State;</text>
        </level>
        <level label="2">
          <text>underwriting practice and judgment;</text>
        </level>
        <level label="3">
          <text>a reasonable margin for reserve needs;</text>
        </level>
        <level label="4">
          <text>past and prospective expenses, both countrywide and those specifically applicable to the State; and</text>
        </level>
        <level label="5">
          <text>any other relevant factors in and outside the State.</text>
        </level>
      </level>
    </level>
    <level label="3">
      <level label="i">
        <text>Each premium rate filing and any supporting information filed under this subtitle shall be open to public inspection as soon as filed.</text>
      </level>
      <level label="ii">
        <text>A carrier may request a finding by the Commissioner that certain information filed with the Commissioner be considered confidential commercial information under § 4–335 of the General Provisions Article and not subject to public inspection.</text>
      </level>
      <level label="iii">
        <text>On request and payment of a reasonable fee, a person may obtain copies of a premium rate filing and any supporting information.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>Except as provided in paragraph (2) of this subsection, at least quarterly, the Commissioner shall hold a public hearing to review long–term care insurance rate filings received by the Commissioner during the preceding 3–month period.</text>
    </level>
    <level label="2">
      <text>A public hearing is not required if the Commissioner has not received a long–term care insurance rate filing during the preceding 3–month period.</text>
    </level>
  </level>
  <level label="e">
    <text>The Commissioner shall provide all individuals present at a public hearing held under this subtitle who wish to testify an opportunity to do so, but may limit repetitious testimony.</text>
  </level>
  <level label="f">
    <text>Each decision or finding of the Commissioner about premium rates made under this subtitle is subject to judicial review in accordance with Subtitle 5 of this title.</text>
  </level>
</section>
