Authority: IC 27-8-12-7

Affected: IC 27-8-12

Sec. 5. If a group long term care policy, certificate, or subscriber agreement is replaced by another group long term care policy, certificate, or subscriber agreement issued to the same policyholder or to the members of the previous policyholder's group, the succeeding insurer shall offer coverage to all persons covered under the previous group policy on its date of termination. Coverage provided or offered to individuals by the insurer and premiums charged to persons under the new group policy:

1. (1) shall not result in any exclusion for preexisting conditions that would have been covered under the group policy being replaced; and
2. (2) shall not vary or otherwise depend on the individual's health or disability status, claim experience, or use of long term care services.

(Department of Insurance; 760 IAC 2-3-5; filed Oct 30, 1992, 12:00 p.m.: 16 IR 859; readopted filed Sep 14, 2001, 12:22 p.m.: 25 IR 531; readopted filed Nov 27, 2007, 4:01 p.m.: 20071226-IR-760070717RFA; readopted filed Nov 26, 2013, 3:43 p.m.: 20131225-IR-760130479RFA; readopted filed Nov 19, 2019, 9:18 a.m.: 20191218-IR-760190497RFA; readopted filed Nov 30, 2022, 11:39 a.m.: 20221228-IR-760220302RFA)