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<regulation prefix="Regulation" num=".27" citation="COMAR 31.14.01.27" title_num="31" subtitle_num="14" chapter_num="01" heading="Additional Standards for Benefit Triggers for Qualified Long-Term Care Insurance Contracts.">
  <paragraph num="A.">
    <text>In this regulation, the following terms have the meanings indicated.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Terms Defined.</text>
    <paragraph num="(1)">
      <text>Chronically Ill Individual.</text>
      <paragraph num="(a)">
        <text>“Chronically ill individual” means any individual who has been certified by a licensed health care practitioner as:</text>
        <paragraph num="(i)">
          <text>Being unable to perform, without substantial assistance from another individual, at least two activities of daily living for a period of at least 90 days due to a loss of functional capacity; or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Requiring substantial supervision to protect the individual from threats to health and safety due to severe cognitive impairment.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>“Chronically ill individual” does not include an individual otherwise meeting the requirements in §B(1)(a) of this regulation unless within the preceding 12-month period a licensed health care practitioner has certified that the individual meets the requirements of §B(1)(a) of this regulation.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>“Licensed health care practitioner” means a physician, as defined in §1861(r)(1) of the Social Security Act, a registered professional nurse, a licensed social worker, or other individual who meets requirements prescribed by the United States Secretary of the Treasury.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Maintenance or Personal Care Services.</text>
      <paragraph num="(a)">
        <text>“Maintenance or personal care services” means any care the primary purpose of which is the provision of needed assistance with any of the disabilities as a result of which the individual is a chronically ill individual.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>“Maintenance or personal care services” includes care that provides protection from threats to health and safety due to severe cognitive impairment.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>Qualified Long-Term Care Services.</text>
      <paragraph num="(a)">
        <text>“Qualified long-term care services” means services that meet the requirements of §7702(c)(1) of the Internal Revenue Code of 1986, as amended.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>“Qualified long-term care services” includes the following necessary services that are required by a chronically ill individual, and are provided under a plan of care prescribed by a licensed health care practitioner:</text>
        <paragraph num="(i)">
          <text>Diagnostic services;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Preventive services;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Therapeutic services,</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Curative services;</text>
        </paragraph>
        <paragraph num="(v)">
          <text>Treatment services;</text>
        </paragraph>
        <paragraph num="(vi)">
          <text>Mitigation services;</text>
        </paragraph>
        <paragraph num="(vii)">
          <text>Rehabilitative services; and</text>
        </paragraph>
        <paragraph num="(viii)">
          <text>Maintenance or personal care services.</text>
        </paragraph>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>A qualified long-term care insurance contract shall pay only for qualified long-term care services received by a chronically ill individual provided under a plan of care prescribed by a licensed health care practitioner.</text>
  </paragraph>
  <paragraph num="D.">
    <text>A qualified long-term care insurance contract shall condition the payment of benefits on a determination of the insured's inability to perform activities of daily living for an expected period of at least 90 days due to a loss of functional capacity or to severe cognitive impairment.</text>
  </paragraph>
  <paragraph num="E.">
    <text>Certifications regarding activities of daily living and cognitive impairment required under §D of this regulation shall be performed by the following licensed or certified professionals:</text>
    <paragraph num="(1)">
      <text>Physicians;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Registered professional nurses;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Licensed social workers; or</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Other individuals who meet requirements prescribed by the United States Secretary of the Treasury.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Permissible Frequency of Certifications.</text>
    <paragraph num="(1)">
      <text>Certifications required under §D of this regulation may be performed by a licensed health care professional at the direction of the carrier as is reasonably necessary with respect to a specific claim, except as described in §F(2) of this regulation.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If a licensed health care practitioner has certified that the insured is unable to perform activities of daily living for an expected period of at least 90 days due to a loss of functional capacity and if the insured is in claim status, an insurer may not rescind a certification or require that additional certifications be performed until the 90-day period under §F(1) of this regulation expires.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>Qualified long-term care insurance contracts shall include a clear description of the process for appealing and resolving disputes with respect to benefit determinations.</text>
  </paragraph>
</regulation>