reglab/housing_qa huggingface dataset:
CO Code § 10-19-107 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 19 - Long-Term Care Insurance|§ 10-19-107. Performance Standards

  A long-term care insurance policy may not:   Be canceled, nonrenewed, or otherwise terminated on the grounds of the age or the deterioration of the mental or physical health of the insured individual or certificate holder; or    Contain a provision establishing a new waiting period in the event that existing coverage is converted to or replaced by a new or other form within the same company, except with respect to an increase in benefits voluntarily selected by the insured individual or group policyholder; or    Provide coverage for skilled nursing care only or provide significantly more coverage for skilled care in a facility than coverage for lower levels of care; or    Exclude coverage for dementia diseases and related disabilities.       A long-term care insurance policy shall:   Offer the policyholder the opportunity to designate an individual who can be contacted in the event the policy is about to lapse. If the policyholder declines to designate someone, the carrier shall obtain a signed statement that the policyholder has been offered this opportunity and declined. The policyholder has the right to periodically update his or her authorized designee.    Provide a ninety-day reinstatement period for policyholders who have allowed their policies to lapse due to nonpayment of premium, who have a cognitive impairment, and who have regularly paid the required premiums. The reinstated policy shall provide the same benefits, terms, and premiums as the lapsed policy.        History. Source: L. 90: Entire article R&RE, p. 646, § 1, effective July 1. L. 95: (2) added, p. 923, § 21, effective May 25. L. 2007: (1)(c) amended, p. 198, § 3, effective January 1, 2008. L. 2018: (1)(d) amended,(HB 18-1091), ch. 74, p. 645, § 11, effective August 8.
CO Code § 10-19-108 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 19 - Long-Term Care Insurance|§ 10-19-108. Requirements for Preexisting Conditions

  A long-term care insurance policy or certificate, other than a policy or certificate thereunder, issued to a group as defined in section 10-19-103 (4)(a), shall not use a definition of “preexisting condition” that is more restrictive than the following: “Preexisting condition” means a condition for which medical advice or treatment was recommended by or received from a provider of health-care services within six months preceding the effective date of coverage of an insured person.    A long-term care insurance policy or certificate, other than a policy or certificate thereunder issued to a group as defined in section 10-19-103 (4)(a), shall not exclude coverage for a loss or confinement which is the result of a preexisting condition, unless such loss or confinement begins within six months following the effective date of coverage of an insured person.    The commissioner may extend the limitation periods set forth in subsections (1) and (2) of this section to specific age group categories or specific policy forms upon findings that the extension is in the best interest of the public.    The definition of “preexisting condition” in subsection (1) of this section does not prohibit an insurer from using an application form designed to elicit the complete health history of an applicant and, on the basis of the answers on the application, from underwriting in accordance with that insurer's established underwriting standards. Unless otherwise provided in the policy or certificate, a preexisting condition, regardless of whether it is disclosed on the application, need not be covered until the waiting period described in subsection (2) of this section expires. A long-term care insurance policy or certificate shall not exclude or use waivers or riders of any kind to exclude, limit, or reduce coverage or benefits for specifically named or described preexisting diseases or physical conditions beyond the waiting period described in subsection (2) of this section.     History. Source: L. 90: Entire article R&RE, p. 646, § 1, effective July 1. L. 95: (1) amended, p. 923, § 22, effective May 25. L. 2007: (1), (2), and (4) amended, p. 198, § 4, effective January 1, 2008.
CO Code § 10-19-109 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 19 - Long-Term Care Insurance|§ 10-19-109. Requirements for Prior Hospitalization or Institutionalization

  A long-term care insurance policy shall not be delivered or issued for delivery in this state if such policy:   Conditions the eligibility for any benefits on a prior hospitalization requirement;    Conditions the eligibility for benefits provided in an institutional care setting on the receipt of a higher level of institutional care; or    Conditions eligibility for any benefits other than waiver of premium, post-confinement, post-acute care, or recuperative benefits on a prior institutionalization requirement.         A long-term care insurance policy containing any limitations or conditions on eligibility for post-confinement, post-acute care, or recuperative benefits shall clearly label in a separate paragraph of the policy or certificate entitled “Limitations or Conditions on Eligibility for Benefits” such limitations or conditions, including any required number of days of confinement.    Effective July 1, 1991, a long-term care insurance policy containing a benefit advertised, marketed, or offered as a home health care or home care benefit shall not condition receipt of benefits on a prior institutionalization requirement.    A long-term care insurance policy that conditions eligibility for noninstitutional benefits on the prior receipt of institutional care shall not require a prior institutional stay of more than thirty days.       A long-term care insurance policy which provides benefits only following institutionalization shall not condition such benefits upon admission to a facility for the same or related conditions within a period of less than thirty days after discharge from the institution.      History. Source: L. 90: Entire article R&RE, p. 647, § 1, effective July 1. L. 2007: (1), (2)(a), and (2)(c) amended, p. 199. § 5, effective January 1, 2008.
CO Code § 10-19-110 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 19 - Long-Term Care Insurance|§ 10-19-110. Loss Ratio Standards

 The commissioner may adopt rules and regulations establishing loss-ratio standards for long-term care insurance policies if a specific reference to long-term care insurance policies is contained in the regulation. Such rules and regulations shall be in accordance with the “State Administrative Procedure Act”, article 4 of title 24, C.R.S.   History. Source: L. 90: Entire article R&RE, p. 647, § 1, effective July 1.
CO Code § 10-19-111 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 19 - Long-Term Care Insurance|§ 10-19-111. Right to Return Policy - Free Look

 A long-term care insurance applicant has the right to return the policy or certificate within thirty days after its delivery and to have the premium refunded if, after examination of the policy or certificate, other than a certificate issued pursuant to a policy issued to a group defined in section 10-19-103 (4)(a) , the applicant is not satisfied for any reason. A long-term care insurance policy or certificate shall contain a notice, prominently printed on the first page or attached thereto, stating in substance that the applicant has the right to return the policy or certificate within thirty days after its delivery and to have the premium refunded if, after examination of the policy or certificate, other than a certificate issued pursuant to a policy issued to a group defined in section 10-19-103 (4)(a) , the applicant is not satisfied for any reason. This section shall also apply to a denial of application. Any refund shall be made within thirty days after the return or denial.   History. Source: L. 90: Entire article R&RE, p. 647, § 1, effective July 1. L. 2007: Entire section amended, p. 199, § 6, effective January 1, 2008.
CO Code § 10-19-113.3 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 19 - Long-Term Care Insurance|§ 10-19-113.3. Incontestability Period

  With respect to a policy or certificate that has been in force for less than six months, an insurer may rescind a long-term care insurance policy or certificate or deny a long-term care insurance claim under such a policy upon a showing of misrepresentation that is material to the acceptance for coverage.    With respect to a policy or certificate that has been in force for at least six months but less than two 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 pertains to the condition for which benefits are sought. A policy or certificate that has been in force for two years shall not be contested solely on the grounds of misrepresentation. Such a 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.    No long-term care insurance policy or certificate may be field issued based on medical or health status. For purposes of this subsection (3), “field issued” means a policy or certificate is issued by a producer or third-party administrator pursuant to the underwriting authority granted to the producer or third-party administrator by a carrier and using the insurer's underwriting guidelines.    If an insurer has paid benefits under the long-term care insurance policy or certificate, the benefit payment may not be recovered by the insurer in the event that the policy or certificate is rescinded.    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 that situation, the remaining death benefits under the policies shall be governed by sections 10-7-102 and 10-7-202. In all other situations, this section shall apply to life insurance policies that accelerate benefits for long-term care.     History. Source: L. 95: Entire section added, p. 924, § 24, effective May 25. L. 2007: (3) and (4) amended and (5) added, p. 204, § 11, effective January 1, 2008.
CO Code § 10-19-113.4 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 19 - Long-Term Care Insurance|§ 10-19-113.4. Nonforfeiture Benefits - Rules

  Except as provided in subsection (2) of this section, a long-term care insurance policy may not be delivered or issued for delivery in this state unless the policyholder or certificate holder 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. If the policyholder or certificate holder declines the nonforfeiture benefit, the insurer shall provide a contingent benefit upon lapse that shall be available for a specified period.    When a group long-term care insurance policy is issued, the offer required in subsection (1) of this section shall be made to the group policyholder; except that, if the policy is issued as group long-term care insurance as defined in section 10-19-103 (4)(d), other than to a continuing care retirement community or other similar entity, the offer shall be made to each proposed certificate holder.    The commissioner shall promulgate rules 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 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) of this section.     History. Source: L. 2007: Entire section added, p. 204, § 12, effective January 1, 2008.
CO Code § 10-19-113.7 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 19 - Long-Term Care Insurance|§ 10-19-113.7. Rules

 The commissioner shall adopt rules to promote premium adequacy, to protect the policyholder in the event of substantial rate increases, and to establish minimum standards for marketing practices, producer education, producer compensation, producer examination, penalties, and reporting practices for long-term care insurance. In addition, the commissioner may issue regulations to establish minimum standards concerning suitability.   History. Source: L. 95: Entire section added, p. 924, § 24, effective May 25. L. 96: Entire section amended, p. 1354, § 1, effective June 1. L. 2005: Entire section amended, p. 406, § 3, effective August 8. L. 2007: Entire section amended, p. 206, § 13, effective January 1, 2008.
CO Code § 10-19-114 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 19 - Long-Term Care Insurance|§ 10-19-114. Compliance

 No policy may be advertised, marketed, or offered as long-term care or nursing home insurance unless it complies with the provisions of this article.   History. Source: L. 90: Entire article R&RE, p. 649, § 1, effective July 1.
CO Code § 10-19-114.5 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 19 - Long-Term Care Insurance|§ 10-19-114.5. Penalties

 In addition to any other penalties provided by the laws of Colorado, any carrier or any producer who violates any requirement of Colorado law relating to the regulation of long-term care insurance or the marketing of such insurance shall be subject to a fine of up to three times the amount of any commissions paid for each policy involved in the violation or up to ten thousand dollars, whichever is greater.   History. Source: L. 95: Entire section added, p. 924, § 24, effective May 25.
CO Code § 10-19-115 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 19 - Long-Term Care Insurance|§ 10-19-115. Severability

 If any provision of this article or the application thereof to any person or circumstance is for any reason held to be invalid, the remainder of the article and the application of such provision to other persons or circumstances shall not be affected thereby.   History. Source: L. 90: Entire article R&RE, p. 649, § 1, effective July 1.
CO Code § 10-20-101 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 20 - Life and Health Insurance Protection Association|§ 10-20-101. Short Title

 This article shall be known and may be cited as the “Life and Health Insurance Protection Association Act”.   History. Source: L. 91: Entire article added, p. 1256, § 1, effective July 1.
CO Code § 10-20-102 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 20 - Life and Health Insurance Protection Association|§ 10-20-102. Legislative Declaration

  The general assembly finds and declares that the purpose of this article is to protect, subject to certain limitations, the persons specified in section 10-20-104 (1) against failure by member insurers in the performance of their contractual obligations under life and health insurance policies and annuity contracts specified in section 10-20-104 (2), because of the insolvency of the member insurer that issued the policies or contracts.    To provide the protection specified in subsection (1) of this section, an association of insurers shall be created and shall exist to pay benefits and to continue coverages as limited pursuant to this article. Members of the association are subject to assessment to provide funds to carry out the purpose of this article.     History. Source: L. 91: Entire article added, p. 1256, § 1, effective July 1.
CO Code § 10-20-105 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 20 - Life and Health Insurance Protection Association|§ 10-20-105. Construction

 This article shall be construed to effect the purpose set forth in section 10-20-102 , which shall constitute an aid and guide to interpretation.   History. Source: L. 91: Entire article added, p. 1261, § 1, effective July 1.
CO Code § 10-20-106 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 20 - Life and Health Insurance Protection Association|§ 10-20-106. Creation of the Association

  There is hereby created a private nonprofit legal entity to be known as the life and health insurance protection 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 pursuant to the plan of operation specified in section 10-20-110 and shall exercise its powers through the board of directors provided in section 10-20-107. For purposes of administration and assessment, the association shall maintain three accounts:   The life insurance account;    The health insurance account; and    The annuity account.       The association is under the supervision of the commissioner and is subject to the applicable provisions of the insurance laws of this state. Meetings or records of the association may be opened to the public consistent with the provisions of the insurance laws of Colorado upon majority vote of the board.     History. Source: L. 91: Entire article added, p. 1261, § 1, effective July 1. L. 2013: (2) amended,(SB 13-032), ch. 34, p. 87, § 3, effective March 15.
CO Code § 10-20-107 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 20 - Life and Health Insurance Protection Association|§ 10-20-107. Board of Directors

  The board of directors of the association shall consist of not less than five nor more than nine member insurers serving terms as established in the plan of operation. The members of the board shall be selected by member insurers subject to the approval of the commissioner. Vacancies on the board shall be filled for the remaining period of the term by a majority vote of the remaining board members, subject to the approval of the commissioner. To select the first board and initially organize the association, the commissioner shall give notice to all member insurers of the time and place of the organizational meeting. At the organizational meeting each member insurer shall be entitled to one vote in person or by proxy. If the board is not selected within sixty days after notice of the organizational meeting, the commissioner may appoint the initial members.    In approving selections or in appointing members to the board, the commissioner shall consider, among other things, whether all member insurers are fairly represented.    Members of the board may be reimbursed from the assets of the association for expenses incurred by them as members of the board, but members of the board shall not otherwise be compensated by the association for their services.     History. Source: L. 91: Entire article added, p. 1262, § 1, effective July 1.
CO Code § 10-20-110 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 20 - Life and Health Insurance Protection Association|§ 10-20-110. Plan of Operation

     The association shall maintain a plan of operation to assure the fair, reasonable, and equitable administration of the association. The plan of operation and any amendments thereto shall be submitted to the commissioner and be effective upon the commissioner's written approval or after thirty days if said commissioner has not disapproved.    If the association fails to submit a suitable plan of operation or suitable amendments to the plan by January 1, 1992, the commissioner shall, after notice and hearing, adopt and promulgate such reasonable rules as are necessary or advisable to effectuate the provisions of this article. Such rules shall continue in force until modified by the commissioner or superseded by a plan submitted by the association and approved by the commissioner.       All member insurers shall comply with the plan of operation.    The plan of operation must, in addition to any other provisions specified in this article:   Establish procedures for handling the assets of the association;    Establish the amount and method of reimbursing members of the board pursuant to section 10-20-107;    Establish regular places and times for meetings including telephone conference calls of the board;    Establish procedures for records to be kept of all financial transactions of the association, its agents, and the board;    Establish the procedures whereby selections for the board will be made and submitted to the commissioner;    Establish any additional procedures for assessments under section 10-20-109;    Contain additional provisions necessary or proper for the execution of the powers and duties of the association;    Establish procedures whereby a director may be removed for cause, including a director or member insurer that becomes an impaired or insolvent insurer;    Require the board of directors to establish a policy and procedures to address conflicts of interest.       The plan of operation may provide that any or all powers and duties of the association, except those established pursuant to sections 10-20-108 (12)(c) and 10-20-109, are delegated to a corporation, association, or other organization which performs, or will perform, functions similar to those of the association established pursuant to this article, or its equivalent in two or more states. Such a corporation, association, or organization shall be reimbursed for any payments made on behalf of the association and shall be paid for its performance of any function of the association. A delegation pursuant to this subsection (4) shall take effect only with the approval of both the board and the commissioner and may be made only to a corporation, association, or organization which extends protection not substantially less favorable and effective than that provided by this article.    Repealed.     History. Source: L. 91: Entire article added, p. 1272, § 1, effective July 1. L. 2013: IP(3) amended, (3)(h) and (3)(i) added, and (5) repealed,(SB 13-032), ch. 34, p. 96, § 6, effective March 15.
CO Code § 10-20-111 (2021)
2021 Colorado Code|Title 10 - Insurance|Article 20 - Life and Health Insurance Protection Association|§ 10-20-111. Powers and Duties of the Commissioner

  In addition to any other powers and duties specified in this article, the commissioner shall:   Upon request of the board, provide the association with a statement of the premiums in this and any other appropriate states for each member insurer;    Notify the board of the existence of an impaired or insolvent insurer not later than three days after a determination of impairment or insolvency is made by the commissioner, irrespective of limitations imposed upon the commissioner in section 10-3-401;    In any liquidation proceeding involving a domestic insurer, be appointed as the liquidator.       The commissioner may suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this state of any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation. As an alternative, the commissioner may levy a forfeiture on any member insurer which fails to pay an assessment when due. Such forfeiture shall not exceed five percent of the unpaid assessment per month, but no forfeiture shall be less than one hundred dollars per month.    The conservator, rehabilitator, or liquidator of any impaired or insolvent insurer shall notify all interested persons of the effect of this article.     History. Source: L. 91: Entire article added, p. 1274, § 1, effective July 1. L. 2013: (1)(b) and (3) amended,(SB 13-032), ch. 34, p. 97, § 7, effective March 15.