3 AAC 28.560 - Requirement to offer inflation protection

(a) An Insurer may not offer a long-term care insurance policy unless the insurer also offers the policyholder, in addition to other inflation protection, the option to purchase a policy that provides for benefit levels to increase with benefit maximums or reasonable durations that are meaningful to account for reasonably anticipated increases in the costs of long-term care services covered by the policy. Insurers shall offer to each policyholder, at the time of purchase, the option to purchase a policy with an inflation protection feature no less favorable than one of the following;

(1) increases benefit levels annually in a manner so that the increases are compounded annually at a rate not less than five percent;

(2) guarantees the insured individual the right to periodically increase benefit levels without providing evidence of insurability or health status if the option for the previous period has not been declined; the amount of the additional benefit must no less than the difference between the existing policy benefit and that benefit compounded annually at a rate of at least five percent for the period beginning with the purchase of the existing benefit and extending until the year in which the offer is made; or

(3) covers a specified percentage of actual or reasonable charges and does not include a maximum specified indemnity amount or limit

(b) If the policy is issued to a group, the required offer in (a) of this section shall be made to the group policyholder. However, if the policy is issued to a group defined in AS 21.53.200(3)(D) other than to a continuing care retirement community, the offering shall be made to each proposed certificate holder.

(c) The offer in (a) of this section may not be required of life insurance policies or riders containing accelerated long-term care benefits.

(d) An insurer shall include, using a reasonable hypothetical or a graphic demonstration at the insurer's option, the following information in or with the outline of coverage:

(1) a graphic comparison of the benefit levels of a policy that increases benefits over the policy period with a policy that does not increase benefits; the graphic comparison must show benefit levels over at least a 20-year period;

(2) an expected premium increase or additional premiums to pay for automatic or optional benefit increases.

(e) An inflation protection benefit that increases under a policy that contains these benefits must continue without regard to an insured's age, claim status, or claim history, or the length of time the person has been insured under the policy.

(f) An offer of inflation protection that provides for automatic benefit increases must include an offer of a premium that the insurer expects to remain constant. The offer must disclose in a conspicuous manner that the premium may change in the future unless the premium is guaranteed to remain constant.

(g) Inflation protection as provided in (a)(1) of this section shall be included in a long-term care insurance policy unless an insurer gets a rejection of inflation protection signed by the policyholder as required in this subsection. The rejection may be either in the application or on a separate form. The rejection shall be considered a part of the application and shall state; "I have reviewed the outline of coverage and the graphs that compare the benefits and premiums of this policy with and without inflation protection. Specifically, I have reviewed Plans, and I reject inflation protection".

Notes

3 AAC 28.560

Eff. 3/27/2022, Register 241, April 2022

Authority:AS 21.06.090

AS 21.53.020

AS 21.53.030

AS 21.53.050

AS 21.53.090

AS 21.53.200