reglab/housing_qa huggingface dataset:
RI Gen L § 27-34-17 (2021)
2021 Rhode Island General Laws|Title 27 - Insurance|Chapter 27-34 - Rhode Island Property and Casualty Insurance Guaranty Association|Section 27-34-17 - Stay of proceedings.

§ 27-34-17. Stay of proceedings.All proceedings in which the insolvent insurer is a party or is obligated to defend a party in any court in this state shall, subject to waiver by the association in specific cases involving covered claims, be stayed for six (6) months and such additional time as may be determined by the court from the date the insolvency is determined or an ancillary proceeding is instituted in this state, whichever is later, to permit proper defense by the association of all pending causes of action. The liquidator, receiver, or statutory successor of an insolvent insurer covered by this chapter shall permit access by the board or its authorized representative to such of the insolvent insurer's records that are necessary for the board in carrying out its functions under this chapter with regard to covered claims. In addition, the liquidator, receiver, or statutory successor shall provide the board or its representative with copies of the records upon the request by the board and at the expense of the board.History of Section.P.L. 1988, ch. 407, § 2; P.L. 2010, ch. 91, § 1; P.L. 2010, ch. 117, § 1.
RI Gen L § 27-34-18 (2021)
2021 Rhode Island General Laws|Title 27 - Insurance|Chapter 27-34 - Rhode Island Property and Casualty Insurance Guaranty Association|Section 27-34-18 - Repealed.

§ 27-34-18. Repealed.History of Section.P.L. 1988, ch. 407, § 2; Repealed by P.L. 2010, ch. 91, § 2, effective June 19, 2010, and by P.L. 2010, ch. 117, § 2, effective June 22, 2010.
RI Gen L § 27-34-19 (2021)
2021 Rhode Island General Laws|Title 27 - Insurance|Chapter 27-34 - Rhode Island Property and Casualty Insurance Guaranty Association|Section 27-34-19 - Prohibition against advertising of membership in association.

§ 27-34-19. Prohibition against advertising of membership in association.No person shall make, publish, or circulate, or cause to be made, published, or circulated, any statement that uses the existence of the association for the purposes of sale, solicitation, or inducement to purchase any form of insurance within the scope of this chapter.History of Section.P.L. 1988, ch. 407, § 2; P.L. 2010, ch. 91, § 1; P.L. 2010, ch. 117, § 1.
RI Gen L § 27-34.1-1 - 27-34.1-20 (2021)
2021 Rhode Island General Laws|Title 27 - Insurance|Chapter 27-34.1 - Rhode Island Life and Health Insurance Guaranty Association Act|Section 27-34.1-1 - 27-34.1-20 - Repealed.

§ 27-34.1-1 — 27-34.1-20. Repealed.
RI Gen L § 27-34.2-1 (2021)
2021 Rhode Island General Laws|Title 27 - Insurance|Chapter 27-34.2 - Long Term Care Insurance|Section 27-34.2-1 - Purpose.

§ 27-34.2-1. Purpose.The purpose of this chapter is to promote the public interest, to promote the availability of long term care insurance policies, to protect applicants for long term care insurance, as defined, from unfair or deceptive sales or enrollment practices, to establish standards for long term care insurance, to facilitate public understanding and comparison of long term care insurance policies, and to facilitate flexibility and innovation in the development of long term care insurance coverage.History of Section.P.L. 1988, ch. 201, § 1; P.L. 2007, ch. 239, § 1.
RI Gen L § 27-34.2-2 (2021)
2021 Rhode Island General Laws|Title 27 - Insurance|Chapter 27-34.2 - Long Term Care Insurance|Section 27-34.2-2 - Scope.

§ 27-34.2-2. Scope.Long term care insurance is deemed to be accident and health insurance and is classified as such for the purposes of chapter 34.1 of this title, the Rhode Island Life and Health Insurance Guaranty Association Act. The requirements of this chapter apply to policies delivered or issued for delivery in this state, except as provided in § 27-34.2-5. This chapter is not intended to supercede the obligations of entities subject to this chapter to comply with the substance of other applicable insurance laws insofar as they do not conflict with this chapter. The benefits required for long term care insurance shall only be the benefits specified in this chapter and in regulations promulgated under § 27-34.2-16.History of Section.P.L. 1988, ch. 201, § 1; P.L. 1993, ch. 443, § 1; P.L. 1993, ch. 457, § 1; P.L. 2002, ch. 292, § 78; P.L. 2008, ch. 18, § 1; P.L. 2008, ch. 22, § 1.
RI Gen L § 27-34.2-3 (2021)
2021 Rhode Island General Laws|Title 27 - Insurance|Chapter 27-34.2 - Long Term Care Insurance|Section 27-34.2-3 - Short title.

§ 27-34.2-3. Short title.This chapter may be known and cited as the "Long Term Care Insurance Act".History of Section.P.L. 1988, ch. 201, § 1.
RI Gen L § 27-34.2-5 (2021)
2021 Rhode Island General Laws|Title 27 - Insurance|Chapter 27-34.2 - Long Term Care Insurance|Section 27-34.2-5 - Extraterritorial jurisdiction - Group long term care insurance.

§ 27-34.2-5. Extraterritorial jurisdiction — Group long term care insurance.No group long term care insurance coverage may be offered to a resident of this state under a group policy issued in another state to a group described in § 27-34.2-4(4)(v), unless this state or another state having statutory and regulatory long term care insurance requirements substantially similar to those adopted in this state has made a determination that those requirements have been met.History of Section.P.L. 1988, ch. 201, § 1.
RI Gen L § 27-34.2-7 (2021)
2021 Rhode Island General Laws|Title 27 - Insurance|Chapter 27-34.2 - Long Term Care Insurance|Section 27-34.2-7 - Repealed.

§ 27-34.2-7. Repealed.
RI Gen L § 27-34.2-7.1 (2021)
2021 Rhode Island General Laws|Title 27 - Insurance|Chapter 27-34.2 - Long Term Care Insurance|Section 27-34.2-7.1 - Incontestability period.

§ 27-34.2-7.1. Incontestability period.(a) For a policy or certificate that has been in force for less than six (6) months an insurer may rescind a long-term care insurance policy or certificate or deny an otherwise valid long-term care insurance claim upon a showing of misrepresentation that is material to the acceptance for coverage.(b) For a policy or certificate that has been in force for at least six (6) months, but less than two (2) years, an insurer may rescind a long-term care insurance policy or certificate or deny an otherwise valid long-term care insurance claim upon a showing of misrepresentation that is both material to the acceptance for coverage and which pertains to the condition for which benefits are sought.(c) After a policy or certificate has been in force for two (2) years it is not contestable upon the grounds of misrepresentation alone; the policy or certificate may be contested only upon a showing that the insured knowingly and intentionally misrepresented relevant facts relating to the insured's health.(d) A long-term care insurance policy or certificate may be field issued if the compensation to the field issuer is not based on the number of policies or certificates issued. For the purposes of this section, "field issued" means a policy or certificate issued by a producer or a third-party administrator pursuant to the underwriting authority granted to the producer or third-party administrator by an insurer and using the insurer's underwriting guidelines.(e) If an insurer has paid benefits under the long-term care insurance policy or certificate, the benefit payments may not be recovered by the insurer in the event that the policy or certificate is rescinded.(f) In the event of the death of the insured, this section shall not apply to the remaining death benefit of a life insurance policy that accelerates benefits for long-term care. In this situation, the remaining death benefits under these policies shall be governed by chapter 4 of this title. In all other situations, this section shall apply to life insurance policies that accelerate benefits for long-term care.History of Section.P.L. 2007, ch. 239, § 2.
RI Gen L § 27-34.2-8 (2021)
2021 Rhode Island General Laws|Title 27 - Insurance|Chapter 27-34.2 - Long Term Care Insurance|Section 27-34.2-8 - Discretionary powers of director.

§ 27-34.2-8. Discretionary powers of director.The director may upon written request issue an order to modify or suspend a specific provision or provisions of regulations adopted pursuant to this chapter, and may upon written request permit the use of waivers or riders, with respect to a specific long term care insurance policy or certificate upon a written finding that:(1) The modification or suspension would be in the best interest of the insureds;(2) The purposes to be achieved could not be effectively or efficiently achieved without the modification or suspension; and(3) (i) The modification or suspension is necessary to the development of an innovative and reasonable approach for insuring long term care;(ii) The policy or certificate is to be issued to residents of a life care or continuing care retirement community or some other residential community for the elderly and the modification or suspension is reasonably related to the special needs or nature of the community; or(iii) The modification or suspension is necessary to permit long term care insurance to be sold as part of, or in conjunction with, another insurance product.History of Section.P.L. 1988, ch. 201, § 1.
RI Gen L § 27-34.2-9 (2021)
2021 Rhode Island General Laws|Title 27 - Insurance|Chapter 27-34.2 - Long Term Care Insurance|Section 27-34.2-9 - Administrative procedures.

§ 27-34.2-9. Administrative procedures.Regulations adopted pursuant to this chapter shall be in accordance with the provisions of chapter 35 of title 42.History of Section.P.L. 1988, ch. 201, § 1.
RI Gen L § 27-34.2-10 (2021)
2021 Rhode Island General Laws|Title 27 - Insurance|Chapter 27-34.2 - Long Term Care Insurance|Section 27-34.2-10 - Enforcement and penalties.

§ 27-34.2-10. Enforcement and penalties.(a) (1) If the director for any reason has cause to believe that any violation of this chapter has occurred or is threatened, the director may give notice to any persons who appear to be involved in the suspected violation to arrange a conference with the alleged violators or their authorized representatives for the purposes of attempting to ascertain the facts relating to the suspected violation, and, in the event it appears that any violation has occurred or is threatened, to arrive at an adequate and effective means of correcting or preventing the violations;(2) Proceedings under this subsection are to be governed by chapter 35 of title 42.(b) (1) The director may issue an order directing any persons to cease and desist from engaging in any act or practice in violation of the provisions of this chapter;(2) Within thirty (30) days after service of the order to cease and desist, the respondent may request a hearing on the question of whether acts or practices in violation of this chapter have occurred. The hearings shall be conducted pursuant to §§ 42-35-9 — 42-35-13 and judicial review shall be available as provided by §§ 42-35-15 and 42-35-16.(c) The director may, upon a finding that provisions of this chapter have been violated, levy an administrative penalty in an amount not less than five hundred dollars ($500) nor more than fifty thousand dollars ($50,000), if reasonable notice in writing is given of the intent to levy the penalty and the persons alleged to have violated this chapter have a reasonable time in which to remedy the defect in its operations which gave rise to the penalty citation.History of Section.P.L. 1988, ch. 201, § 1.
RI Gen L § 27-34.2-11 (2021)
2021 Rhode Island General Laws|Title 27 - Insurance|Chapter 27-34.2 - Long Term Care Insurance|Section 27-34.2-11 - Repealed.

§ 27-34.2-11. Repealed.
RI Gen L § 27-34.2-15 (2021)
2021 Rhode Island General Laws|Title 27 - Insurance|Chapter 27-34.2 - Long Term Care Insurance|Section 27-34.2-15 - Requirement to deliver shopper's guide.

§ 27-34.2-15. Requirement to deliver shopper's guide.(a) A long term care insurance shopper's guide in the format developed by the National Association of Insurance Commissioners, or a guide developed or approved by the director, shall be provided to all prospective applicants of a long term care insurance policy or certificate.(b) In the case of insurance producer solicitations, an insurance producer must deliver the shopper's guide prior to the presentation of an application or enrollment form.(c) In the case of direct response solicitations, the shopper's guide must be presented in conjunction with any application or enrollment form.(d) Life insurance policies or riders containing accelerated long term care benefits are not required to furnish the shopper's guide, but shall furnish the required policy summary.History of Section.P.L. 1993, ch. 443, § 2; P.L. 1993, ch. 457, § 2; G.L. 1956, § 27-34.2-16.
RI Gen L § 27-34.2-16 (2021)
2021 Rhode Island General Laws|Title 27 - Insurance|Chapter 27-34.2 - Long Term Care Insurance|Section 27-34.2-16 - Authority to promulgate regulations.

§ 27-34.2-16. Authority to promulgate regulations.The director shall issue reasonable regulations to promote premium adequacy and to protect the policymaker in the event of substantial rate increases, and to establish minimum standards for producer education, marketing practices, producer compensation, producer testing, penalties and reporting practices for long-term care insurance.History of Section.P.L. 1993, ch. 443, § 2; P.L. 1993, ch. 457, § 2; G.L. 1956, § 27-34.2-17; P.L. 2007, ch. 239, § 1.
RI Gen L § 27-34.2-17 (2021)
2021 Rhode Island General Laws|Title 27 - Insurance|Chapter 27-34.2 - Long Term Care Insurance|Section 27-34.2-17 - Repealed.

§ 27-34.2-17. Repealed.
RI Gen L § 27-34.2-18 (2021)
2021 Rhode Island General Laws|Title 27 - Insurance|Chapter 27-34.2 - Long Term Care Insurance|Section 27-34.2-18 - Pre-certification for Medicaid protection of resources.

§ 27-34.2-18. Pre-certification for Medicaid protection of resources.The department of business regulation shall pre-certify long term care insurance policies which meet all other applicable requirements imposed by this chapter and which:(1) Offer the option of home and community based services in addition to nursing home care;(2) In all home care plans, include case management services which services shall include, but need not be limited to, the development of a comprehensive individualized assessment and care plan and, as needed, the coordination of appropriate services and the monitoring of the delivery of those services;(3) Provide inflation protection;(4) Provide for the keeping of records and an explanation of benefit reports on insurance payments which count toward Medicaid resource exclusion; and(5) Provide the management information and reports necessary to document the extent of Medicaid resources protection offered and to evaluate the Rhode Island partnership for long term care. No policy shall be precertified if it requires prior hospitalization or a prior stay in a nursing home as a condition of providing benefits. The department of business regulation may adopt regulations to carry out the precertification provisions of this section.History of Section.P.L. 1993, ch. 454, § 2; G.L. 1956, § 27-34.2-19.
RI Gen L § 27-34.2-19 (2021)
2021 Rhode Island General Laws|Title 27 - Insurance|Chapter 27-34.2 - Long Term Care Insurance|Section 27-34.2-19 - Nonforfeiture benefits.

§ 27-34.2-19. Nonforfeiture benefits.(a) Except as provided in subsection (b), a long-term care insurance policy may not be delivered or issued for delivery in this state unless the policyholder or certificateholder has been offered the option of purchasing a policy or certificate including a nonforfeiture benefit. The offer of a nonforfeiture benefit may be in the form of a rider that is attached to the policy. In the event the policyholder or certificateholder declines the nonforfeiture benefit, the insurer shall provide a contingent benefit upon lapse that shall be available for a specified period of time following a substantial increase in premium rates.(b) When a group long-term care insurance policy is issued, the offer required in subsection (a) shall be made to the group policyholder. However, if the policy is issued as group long-term care insurance as defined in subdivision 27-34.2-4(4)(v), other than to a continuing care retirement community or other similar entity, the offering shall be made to each proposed certificateholder.(c) The commissioner shall promulgate regulations specifying the type or types of nonforfeiture benefits to be offered as part of long-term care insurance policies and certificates, the standards for nonforfeiture benefits, and the rules regarding contingent benefit upon lapse, including a determination of the specified period of time during which a contingent benefit upon lapse will be available and the substantial premium rate increase that triggers a contingent benefit upon lapse as described in subsection 1.History of Section.P.L. 1997, ch. 153, § 2; P.L. 1997, ch. 161, § 2; G.L. 1956, § 27-34.2-20; P.L. 2007, ch. 239, § 1.
RI Gen L § 27-34.2-20 (2021)
2021 Rhode Island General Laws|Title 27 - Insurance|Chapter 27-34.2 - Long Term Care Insurance|Section 27-34.2-20 - Severability.

§ 27-34.2-20. Severability.If any provision of this chapter or the application of any provision to any person or circumstances is for any reason held to be invalid, the remainder of the chapter and the application of the provision to other persons or circumstances shall not be affected by that invalidity.History of Section.P.L. 1988, ch. 201, § 1; G.L. 1956, § 27-34.2-11.
RI Gen L § 27-34.2-22 (2021)
2021 Rhode Island General Laws|Title 27 - Insurance|Chapter 27-34.2 - Long Term Care Insurance|Section 27-34.2-22 - Discretionary clauses.

§ 27-34.2-22. Discretionary clauses.(a) No new or existing policy or certificate may contain any provision:(1) Purporting to reserve sole discretion to the insurance company to determine eligibility for benefits or interpret the terms of a policy or certificate; or(2) Specifying or affecting a standard of review upon which a court may review denial of a claim or any other decision made by an insurance company with respect to a policyholder or certificate holder.(b) Any such clause or language included in a contract, policy or certificate issued to or covering a resident of this state that is contrary to or inconsistent with the provisions of this section is void and unenforceable.(c) Nothing in this section prohibits an insurer from including a provision in a contract that informs an insured that as part of its routine operations the insurer applies the terms of its contracts for making decisions, including making determinations regarding eligibility, receipt of benefits and claims, or explaining policies, procedures, and processes, so long as the provision could not give rise to a deferential standard of review by any reviewing court.History of Section.P.L. 2013, ch. 85, § 6; P.L. 2013, ch. 94, § 6.
RI Gen L § 27-34.3-1 (2021)
2021 Rhode Island General Laws|Title 27 - Insurance|Chapter 27-34.3 - Rhode Island Life and Health Insurance Guaranty Association Act|Section 27-34.3-1 - Short title.

§ 27-34.3-1. Short title.This chapter shall be known and may be cited as the "Rhode Island Life and Health Insurance Guaranty Association Act."History of Section.P.L. 1995, ch. 114, § 1.
RI Gen L § 27-34.3-2 (2021)
2021 Rhode Island General Laws|Title 27 - Insurance|Chapter 27-34.3 - Rhode Island Life and Health Insurance Guaranty Association Act|Section 27-34.3-2 - Purpose.

§ 27-34.3-2. Purpose.(a) The purpose of this chapter is to protect, subject to certain limitations, the persons specified in § 27-34.3-3(a) against failure in the performance of contractual obligations, under life and health insurance policies and annuity contracts specified in § 27-34.3-3(b), because of the impairment or insolvency of the member insurer that issued the policies or contracts.(b) To provide this protection, an association of insurers is created to pay benefits and to continue coverages as limited in this chapter, and members of the association are subject to assessment to provide funds to carry out the purpose of this chapter.(c) In accordance with this purpose, in determining the coverage limits to be applied in § 27-34.3-3 in cases in which there were different statutory limits at the time the insurer was declared impaired and the time the insurer was declared insolvent, the statute with the higher limits shall be applied to the claim.History of Section.P.L. 1995, ch. 114, § 1; P.L. 2012, ch. 296, § 3; P.L. 2012, ch. 326, § 3.
RI Gen L § 27-34.3-4 (2021)
2021 Rhode Island General Laws|Title 27 - Insurance|Chapter 27-34.3 - Rhode Island Life and Health Insurance Guaranty Association Act|Section 27-34.3-4 - Construction.

§ 27-34.3-4. Construction.This chapter shall be construed to effect the purpose under § 27-34.3-2.History of Section.P.L. 1995, ch. 141, § 1; P.L. 2004, ch. 39, § 1; P.L. 2004, ch. 44, § 1.
RI Gen L § 27-34.3-6 (2021)
2021 Rhode Island General Laws|Title 27 - Insurance|Chapter 27-34.3 - Rhode Island Life and Health Insurance Guaranty Association Act|Section 27-34.3-6 - Creation of the association.

§ 27-34.3-6. Creation of the association.(a) There is created a nonprofit legal entity to be known as the Rhode Island life and health insurance guaranty association. All member insurers shall be and remain members of the association as a condition of their authority to transact insurance in this state. The association shall perform its functions under the plan of operation established and approved under § 27-34.3-10, or as previously established and approved under § 27-34.1-11 [Repealed] and shall exercise its powers through a board of directors established under § 27-34.3-7 or as previously established under § 27-34.1-8 [Repealed]. For purposes of administration and assessment, the association shall maintain two (2) accounts:(1) The life insurance and annuity account which includes the following subaccounts:(i) Life insurance account;(ii) Annuity account; which shall include annuity contracts owned by a governmental retirement plan (or its trustee) established under section 401, 403(b) or 457 of the United States Internal Revenue Code, 26 U.S.C. § 401, 403(b) or 457, but shall otherwise exclude unallocated annuities; and(iii) Unallocated annuity account which shall exclude contracts owned by a governmental retirement benefit plan (or its trustee) established under § 401, 403(b) or 457 of the United States Internal Revenue Code, 26 U.S.C. § 401, 403(b) or 457.(2) The health insurance account.(b) The association shall come under the immediate supervision of the commissioner and shall be subject to the applicable provisions of the insurance laws of this state. Meetings or records of the association may be open to the public upon majority vote of the board of directors. The commissioner or his or her designee shall have full and complete access to all documents received by, created by or otherwise obtained by the association and shall be invited to be present at all association meetings. The disclosure of confidential or privileged association information, documents, or records to the commissioner shall not change the confidential or privileged status of the information, documents or records.History of Section.P.L. 1995, ch. 114, § 1; P.L. 2004, ch. 39, § 1; P.L. 2004, ch. 44, § 1; P.L. 2008, ch. 475, § 92; P.L. 2012, ch. 296, § 3; P.L. 2012, ch. 326, § 3.