<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".07" citation="COMAR 31.14.01.07" title_num="31" subtitle_num="14" chapter_num="01" heading="Person To Be Notified.">
  <paragraph num="A.">
    <text>Except as provided in §E of this regulation, an insurer may not issue an individual long-term care insurance policy or certificate to an insured until the insurer has received from the applicant either a written:</text>
    <paragraph num="(1)">
      <text>Designation of at least one person in addition to the insured who is to receive notice of termination of the policy or certificate for nonpayment of premium; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Waiver dated and signed by the applicant electing not to designate additional persons to receive notice of nonpayment of premium.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>The written designation shall be on a form provided by the insurer and shall:</text>
    <paragraph num="(1)">
      <text>Provide space clearly designated for listing at least one person; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Include a space for listing the full name and home address of the designated person.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>If the applicant elects to waive the right to designate additional persons to receive notice of nonpayment of premium, the insurer shall use a waiver form that states: “Protection against unintended lapse. I understand that I have the right to designate at least one person other than myself to receive notice of lapse or termination of this long-term care insurance policy for nonpayment of premium. I understand that notice will not be given until 30 days after a premium is due and unpaid. I elect NOT to designate a person to receive this notice.”</text>
  </paragraph>
  <paragraph num="D.">
    <text>An insurer shall notify the insured of the right to change the written designation described in §§A—C of this regulation, at least once every 2 years.</text>
  </paragraph>
  <paragraph num="E.">
    <text>Payroll or Pension Deduction Plans.</text>
    <paragraph num="(1)">
      <text>If the policyholder or certificate holder pays premium for a long-term care insurance policy or certificate through a payroll or pension deduction plan, the insurer is not required to satisfy the requirements contained in §§A — C of this regulation until 60 days after the policyholder or certificate holder is no longer on a payroll or pension deduction plan.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The application or enrollment form for a long-term care insurance policy or certificate through a payroll or pension deduction plan shall clearly indicate the payment plan selected by the applicant.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Lapse or Termination for Nonpayment of Premium.</text>
    <paragraph num="(1)">
      <text>Notice of Lapse.</text>
      <paragraph num="(a)">
        <text>An individual long-term care policy or certificate may not lapse or be terminated for nonpayment of premium unless the insurer, at least 30 days before the effective date of the lapse or termination, provides notice to the insured and to those persons designated under §§A and B of this regulation.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The notice required by §F(1) of this regulation shall be provided by the insurer to the addresses provided by the insured for purposes of receiving notice of lapse or termination.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The notice required in §F(1) of this regulation:</text>
      <paragraph num="(a)">
        <text>Shall be given by first class United States mail, postage prepaid; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>May not be given until 30 days after a premium is due and unpaid.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>The notice required in §F(1) of this regulation shall be deemed to be given as of 5 days after the date of mailing.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>Reinstatement.</text>
    <paragraph num="(1)">
      <text>A long-term care insurance policy or certificate shall include a provision that provides for reinstatement of coverage, in the event of lapse, if the insurer is provided proof that, before the grace period contained in the policy expired, the policyholder or certificate holder:</text>
      <paragraph num="(a)">
        <text>Was cognitively impaired; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Had a loss of functional capacity.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The reinstatement option described in §G(1) of this regulation shall be available to the insured if it is requested within 5 months after termination and shall allow for the collection of past due premium, if appropriate.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The standard of proof of cognitive impairment or loss of functional capacity referenced in §G(1) of this regulation may not be more stringent than the benefit eligibility criteria on cognitive impairment or the loss of functional capacity contained in the policy and certificate.</text>
    </paragraph>
  </paragraph>
</regulation>