Iowa Code r. 191-39.5 - Policy definitions
No long-term care insurance policy delivered or issued for delivery in this state shall use the terms set forth below, unless the terms are defined in the policy and the definitions satisfy the following requirements:
(1)
"Medicare" shall be defined as "The Health Insurance for the
Aged Act, Title XVIII of the Social Security Amendments of 1965 as Then
Constituted or Later Amended," or "Title I, Part I of Public Law 89-97, as
Enacted by the Eighty-ninth Congress of the United States of America and
popularly known as the Health Insurance for the Aged Act, as then constituted
and any later amendments or substitutes thereof," or words of similar
import.
(2)
"Mental or
nervous disorder" shall not be defined to include more than neurosis,
psychoneurosis, psychopathy, psychosis, or mental or emotional disease or
disorder.
(3)
Nursing
care.
a.
"Skilled nursing
care" shall not be defined more restrictively than one or more
professional services performed for the benefit of the insured on a daily
basis, by or under the supervision of a registered nurse, prescribed by a
physician, appropriate and consistent with the diagnosis and conditions
requiring care.
b.
"Intermediate nursing care" shall not be defined more
restrictively than care which meets all of the above when professional nursing
services are delivered on a regular basis but less often than daily.
c.
"Custodial nursing care"
shall not be defined more restrictively than that level of care required to
assist an individual in activities of daily living when, due to age complicated
by sickness or injury, such care is required. This level of care can be
performed by persons without professional skills or training.
(4)
"Nursing
facility" shall be defined in relation to its status, facilities, and
available services.
a. A definition of such
home or facility shall not be more restrictive than one requiring that it:
(1) Be operated pursuant to law; be
appropriately licensed or certified;
(2) Be primarily engaged in providing, in
addition to room and board accommodations, skilled or intermediate nursing care
under the supervision of a duly licensed physician;
(3) Provide nursing service by or under the
supervision of a registered nurse (R.N.); and
(4) Maintain a daily medical record of each
patient.
b. The
definition of such home or facility may provide that the term shall not
include:
(1) Any home, facility or part
thereof used primarily for rest;
(2) A home or facility for the aged or for
the care of drug addicts or alcoholics; or
(3) A home or facility primarily used for the
care and treatment of mental diseases, or disorders, or custodial or
educational care.
(5)
"Acute condition" means
that the individual is medically unstable. Such an individual requires frequent
monitoring by medical professionals, such as physicians and registered nurses,
in order to maintain the individual's health status.
(6)
"Home health care
services" means medical and nonmedical services, provided to ill,
disabled or infirm persons in their residences. Such services may include
homemaker services, assistance with activities of daily living and respite care
services.
(7)
"Activities
of daily living" means at least bathing, continence, dressing, eating,
toileting and transferring.
(8)
"Adult day care" means a program for six or more individuals
of social and health-related services provided during the day in a community
group setting for the purpose of supporting frail, impaired elderly or other
disabled adults who can benefit from care in a group setting outside the
home.
(9)
"Bathing" means washing oneself by sponge bath or in either a
tub or shower, including the task of getting into or out of the tub or
shower.
(10)
"Cognitive
impairment" means a deficiency in a person's short- or long-term
memory, orientation as to person, place and time, deductive or abstract
reasoning, or judgment as it relates to safety awareness.
(11)
"Continence" means the
ability to maintain control of bowel and bladder function or, when unable to
maintain control of bowel or bladder function, the ability to perform
associated personal hygiene (including caring for catheter or colostomy
bag).
(12)
"Dressing" means putting on and taking off all items of
clothing and any necessary braces, fasteners or artificial limbs.
(13)
"Eating" means feeding
oneself by getting food into the body from a receptacle (such as a plate, cup
or table) or by a feeding tube or intravenously.
(14)
"Exceptional increase"
means only those increases filed by an insurer as exceptional for which the
commissioner determines that the need for the premium rate increase is
justified due to changes in laws or regulations applicable to long-term care
coverage in this state or due to increased and unexpected utilization that
affects the majority of insurers of similar products. Except as provided in
rule 191-39.28 (514G), exceptional
increases are subject to the same requirements as other premium rate schedule
increases.
The commissioner may request a review by an independent actuary or a professional actuarial body of the basis for a request that an increase be considered an exceptional increase. The commissioner, in determining that the necessary basis for an exceptional increase exists, shall also determine any potential offsets to higher claims costs.
(15)
"Hands-on assistance"
means physical assistance (minimal, moderate or maximal) without which the
individual would not be able to perform the activities of daily
living.
(16)
"Incidental," as used in subrule 39.28(10), means that the
value of the long-term care benefits provided is less than 10 percent of the
total value of the benefits provided over the life of the policy. These values
shall be measured as of the date of issue.
(17)
"Personal care" means
the provision of hands-on services to assist an individual with activities of
daily living.
(18)
"Qualified actuary" means a member in good standing of the
American Academy of Actuaries.
(19)
"Similar policy forms" means all of the long-term care
insurance policies and certificates issued by an insurer in the same long-term
care benefit classification as the policy form being considered. Certificates
of groups that meet the definition of group long-term care insurance in Iowa
Code section 514G.103 are not considered
similar to certificates or policies otherwise issued as long-term care
insurance, but are similar to other comparable certificates with the same
long-term care benefit classifications. For purposes of determining similar
policy forms, long-term care benefit classifications are defined as follows:
institutional long-term care benefits only, noninstitutional long-term care
benefits only, or comprehensive long-term care benefits.
(20)
"Toileting" means
getting to and from the toilet, getting on and off the toilet, and performing
associated personal hygiene.
(21)
"Transferring" means moving into or out of a bed, chair or
wheelchair.
Notes
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