836-052-0626 Requirements for Application Forms and Replacement Coverage (1) An application form for long-term care insurance shall include the questions set forth in this section designed to elicit information as to whether, as of the date of the application, the applicant has another long-term care insurance policy, rider or certificate in force or whether a long-term care insurance policy, rider or certificate is intended to replace any other health or long term care insurance policy, rider or certificate currently in force. A supplementary application or other form to be signed by the applicant and insurance producer, except when the coverage is sold without an insurance producer, containing the questions may be used. With regard to a replacement policy issued to a group defined by ORS 743.652(3)(a), the following questions may be modified only to the extent necessary to elicit information about health or long-term care insurance policies other than the group policy being replaced, but only if the certificate holder has been notified of the replacement. The questions are as follows: (a) Do you have another long-term care insurance policy, rider or certificate in force (including health care service contract, health maintenance organization contract)? (b) Did you have another long-term care insurance policy, rider or certificate in force during the last 12 months? (A) If so, with which insurer? (B) If that policy lapsed, when did it lapse? (C) Are you covered by a state assistance program (Medicaid)? (d) Do you intend to replace any of your medical or health insurance coverage with this policy, rider or certificate? (2) An insurance producer shall list any other health insurance policies that the insurance producer has sold to the applicant: (a) List such policies sold that are still in force, and; (b) List such policies sold in the past five years that are no longer in force. (3) Solicitations other than direct response. Upon determining that a sale will involve replacement of long-term care insurance coverage, the insurer, other than an insurer using direct response solicitation methods, or its producer, shall furnish the applicant, prior to issuance or delivery of the individual long-term care insurance policy, a notice regarding replacement of accident and sickness or long-term care coverage. One copy of the notice shall be retained by the applicant and an additional copy signed by the applicant shall be retained by the insurer. The required notice shall be provided in the form shown in Exhibit 1 to this rule. (4) Direct Response Solicitations. An insurer using direct response solicitation methods shall deliver a notice regarding replacement of accident and sickness or long-term care coverage to the applicant upon issuance of the policy. The required notice shall be provided in the form shown in Exhibit 2 to this rule. (5) When replacement is intended, the replacing insurer shall notify, in writing, the existing insurer of the proposed replacement. The existing policy shall be identified by the insurer, name of the insured and policy number or address including zip code. Notice shall be sent within five working days from the date the application is received by the insurer or the date the policy is issued, whichever is sooner. (6) Life insurance policies that accelerate benefits for long-term care shall comply with this section if the policy being replaced is a long-term care insurance policy. If the policy being replaced is a life insurance policy, the insurer shall comply with the replacement requirements of OAR 836-080-0001 to 836-080-0043. If a life insurance policy that accelerates benefits for long-term care is replaced by another such policy, the replacing insurer shall comply with both the long-term care and the life insurance replacement requirements. (7) Sections (1) through (6) do not apply when the application is to the existing insurer that issued the existing policy, certificate or rider when the transaction meets the following: (a) A contractual change or a conversion privilege is being exercised, or (b) When the existing policy, certificate or rider is being replaced by the same insurer and unearned premium is credited toward the new coverage. [ED. NOTE: Exhibits referenced are available from the agency.] Statutory/Other Authority: ORS 731, 742 & 743 Statutes/Other Implemented: ORS 743.010(1), 743.013(3) & 743.655(1)(a) History: ID 10-2007, f. 12-3-07, cert. ef. 1-1-08 Renumbered from 836-052-0615, ID 3-2005, f. & cert. ef. 3-1-05 ID 20-1990, f. 12-13-90, cert. ef. 1-1-91