<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".33" citation="COMAR 31.14.01.33" title_num="31" subtitle_num="14" chapter_num="01" heading="Incontestability Period.">
  <paragraph num="A.">
    <text>Except as provided in §G of this regulation, §§B—F of this regulation apply to each qualified long-term care insurance policy.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Policies In Force Less Than 6 Months.</text>
    <paragraph num="(1)">
      <text>This section applies to a long-term care insurance policy that has been in force for less than 6 months.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Unless the insurer demonstrates that the applicant misrepresented information on the application for the long-term insurance policy that is material to the acceptance for coverage, an insurer may not:</text>
      <paragraph num="(a)">
        <text>Rescind the policy described in §B(1) of this regulation; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Deny an otherwise valid long-term care insurance claim under the policy described in §B(1) of this regulation.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Policies in Force at Least 6 Months, but Less than 2 Years.</text>
    <paragraph num="(1)">
      <text>This section applies to a long-term care insurance policy that has been in force for at least 6 months, but less than 2 years.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Unless the insurer demonstrates that the applicant misrepresented information on the application for the long-term insurance policy that is material to the acceptance for coverage and that pertains to the condition for which benefits are sought, an insurer may not:</text>
      <paragraph num="(a)">
        <text>Rescind a long-term care insurance policy described in §C(1) of this regulation; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Deny an otherwise valid long-term care insurance claim under a policy described in §C(1) of this regulation.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Policies In Force 2 Years or More.</text>
    <paragraph num="(1)">
      <text>After a long-term care insurance policy has been in force for 2 years it is not contestable upon the grounds of misrepresentation alone.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>An insurer may not contest a policy described in §D(1) of this regulation, unless the insurer can demonstrate that the insured knowingly and intentionally misrepresented relevant facts relating to the insured's health.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>A long-term care insurance policy may be field issued, if the compensation to the field issuer is not based on the number of policies or certificates issued.</text>
  </paragraph>
  <paragraph num="F.">
    <text>If an insurer has paid benefits under the long-term care insurance policy, the insurer may not recover the benefit payments if the policy is rescinded.</text>
  </paragraph>
  <paragraph num="G.">
    <text>Life Insurance Policy That Accelerates Benefits for Long-Term Care.</text>
    <paragraph num="(1)">
      <text>In the event of the death of the insured, this regulation may not be applied to the remaining death benefit of a life insurance policy that accelerates benefits for long-term care.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>In the situation described in §G(1) of this regulation, the remaining death benefits under the life insurance policy that accelerates the benefits for long-term care shall be governed by Insurance Article, §16-203, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Except as described in §G(1)—(2) of this regulation, this regulation shall apply to life insurance policies that accelerate benefits for long-term care.</text>
    </paragraph>
  </paragraph>
</regulation>