The Commissioner may issue, upon written request and after an administrative hearing, an order to modify or suspend a specific provision or provisions of this chapter with respect to a specific long-term care insurance policy or certificate upon a written finding that:

1. A. The modification or suspension would be in the best interest of the insureds;
2. B. The purposes to be achieved could not be effectively or efficiently achieved without the modification or suspension; and

3. C. Either the:

   1. (1) Modification or suspension is necessary to the development of an innovative and reasonable approach for insuring long-term care,
   2. (2) 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 that community, or
   3. (3) Modification or suspension is necessary to permit long-term care insurance to be sold as part of, or in conjunction with, another insurance product.

Authority: Health-General Article, §19-705; Insurance Article, §§2-109, 14-124, Title 18, Subtitle 1, and Title 27; Annotated Code of Maryland

Effective date: September 1, 1994 (21:13 Md. R. 1156)

Chapter recodified from COMAR 09.30.88 to COMAR 31.14.01 effective September 7, 1998 (25:18 Md. R. 1439)

Chapter revised effective April 1, 2002 (29:6 Md. R. 570)

Chapter revised effective September 10, 2007 (34:18 Md. R. 1581)

Regulation .01 amended effective September 1, 2014 (41:17 Md. R. 972)

Regulation .13E amended effective February 27, 2017 (44:4 Md. R. 256)

Regulation .24H—J adopted effective February 27, 2017 (44:4 Md. R. 256)

Regulation .36 amended effective February 27, 2017 (44:4 Md. R. 256)