230 R.I. Code R. 230-RICR-20-35-1.29

Current through October 15, 2024

Section 230-RICR-20-35-1.29 - Standards for Benefit Triggers

A. A long-term care insurance policy shall condition the payment of benefits on a determination of the insured's ability to perform activities of daily living and on cognitive impairment. Eligibility for the payment of benefits shall not be more restrictive than requiring either a deficiency in the ability to perform not more than three (3) of the activities of daily living or the presence of cognitive impairment.

B. Activities of daily living shall include at least the following as defined in § 1.5 of this Part and in the policy:

1. Bathing;

2. Continence;

3. Dressing;

4. Eating;

5. Toileting; and

6. Transferring.

C. Issuers may use activities of daily living to trigger covered benefits in addition to those contained in §§ 1.29(B)(1) through (6) of this Part above as long as they are defined in the policy.

D. An issuer may use additional provisions for the determination of when benefits are payable under a policy or certificate; however the provisions shall not restrict, and are not in lieu of, the requirements contained in §§ 1.29(A) and (B) of this Part.

E. For purposes of this section the determination of a deficiency shall not be more restrictive than:

1. Requiring the hands-on assistance of another person to perform the prescribed activities of daily living; or

2. If the deficiency is due to the presence of a cognitive impairment, supervision or verbal cueing by another person is needed in order to protect the insured or others.

F. Assessments of activities of daily living and cognitive impairment shall be performed by licensed or certified professionals, such as physicians, nurses or social workers.

G. Long-term care insurance policies shall include a clear description of the process for appealing and resolving benefit determinations.

H. A long-term care insurance policy that is intended to be tax qualified may contain benefit trigger provisions that are less favorable to the policyholder or beneficiary than the standards in this section only to the extent necessary to qualify under federal tax standards.

230 R.I. Code R. 230-RICR-20-35-1.29

Amended effective 5/26/2019