1. (a) A long-term care benefit plan must provide a benefit plan holder with benefits that are reasonable in relation to the rates charged.

2. (b) The commissioner shall adopt reasonable rules to establish minimum standards for loss ratios of long-term care benefit plans on the basis of:

   1. (1) incurred claims experience;
   2. (2) earned premiums;
   3. (3) the period for which rates are computed to provide coverage;
   4. (4) experienced and projected trends;
   5. (5) concentration of experience within early benefit plan duration;
   6. (6) expected claim fluctuations;
   7. (7) experience refunds;
   8. (8) adjustments;
   9. (9) dividends;
   10. (10) renewability features;
   11. (11) all relevant expense factors;
   12. (12) interest;
   13. (13) reserves;
   14. (14) mix of business by risk classification; and
   15. (15) product features otherwise affecting claims experience.

3. (c) Annually, each entity providing a long-term care benefit plan in this state shall:

   1. (1) file its rates, rating schedule, and supporting documentation to demonstrate compliance with the applicable loss ratio standards of this state; and
   2. (2) comply with any other filing requirement adopted by the commissioner relating to loss ratios.
4. (d) Rules adopted under this section shall be no less favorable to the holders of long-term care benefit plans than any model laws, rules, and regulations adopted in connection with minimum standards for benefits for long-term care benefit plans.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 4, eff. April 1, 2005.