New Jersey Administrative Code
Title 11 - INSURANCE
Chapter 4 - ACTUARIAL SERVICES
Subchapter 53 - MINIMUM STANDARDS FOR SPECIFIED DISEASE AND CRITICAL ILLNESS COVERAGES
Section 11:4-53.3 - General standards
Universal Citation: NJ Admin Code 11:4-53.3
Current through Register Vol. 56, No. 18, September 16, 2024
(a) No carrier shall deliver or issue for delivery in this State any specified disease or critical illness policy unless its policy form, and its rates where required by 17B:26-1, have been approved by the Commissioner pursuant to the procedures set forth at N.J.A.C. 11:4-40.
(b) The following approval standards shall apply to all specified disease and critical illness policies delivered or issued for delivery in this State:
1. No policy shall be sold or offered for
sale other than as specified disease or critical illness coverage pursuant to
this subchapter.
2. Any policy that
conditions payment upon pathological diagnosis of a covered disease shall also
provide that if the pathological diagnosis is medically inappropriate or life
threatening, a clinical diagnosis will be accepted instead.
3. An individual policy containing specified
disease coverage shall be guaranteed renewable for life.
4. Except as permitted by
17B:26-19 regarding other
insurance with this carrier, benefits shall be paid regardless of other
coverage.
5. Except in the case of
direct response carriers, no policy shall be delivered or issued for delivery
in this State unless the outline of coverage form set forth as Exhibit A in the
Appendix to this subchapter, incorporated herein by reference, describing the
policy's benefits, limitations and exclusions, and anticipated loss ratio, is
delivered to the applicant at the time application is made, and written
acknowledgment of receipt or certification of delivery of such outline of
coverage is provided to the carrier. Direct response carriers shall deliver the
requisite outline of coverage no later than at the time the policy is issued or
delivered.
6. The only permissible
preexisting condition limitations are those that exclude coverage for no more
than six months after the effective date of coverage under the policy, for a
condition for which medical advice was given or treatment was recommended by,
or received from, a licensed health care provider within the six-month period
immediately preceding the effective date of coverage.
7. If a policy contains any limitations with
respect to preexisting conditions, such limitations shall appear as a separate
paragraph in the policy and shall be labeled as "Preexisting Condition
Limitations."
8. The first page of
every policy shall contain, in at least 14 point type but not less than the
size of type used for policy captions, and in capital letters, a prominent
statement, as follows: "THIS IS A LIMITED POLICY (OR CERTIFICATE). IT PAYS
BENEFITS FOR (NAME OF SPECIFIED DISEASES) ONLY AND DOES NOT PROVIDE COVERAGE
FOR ANY OTHER MEDICAL CONDITIONS. YOU SHOULD MAINTAIN SEPARATE COMPREHENSIVE
HEALTH COVERAGE. READ THIS POLICY CAREFULLY WITH THE OUTLINE OF
COVERAGE."
9. Application forms
shall include a question to determine whether the applicant has other coverage
providing benefits for hospital and medical services and supplies. If the
applicant does not respond affirmatively to such question, the policy shall not
be issued.
10. Every policy shall
be issued only to persons who are covered by insurance that provides benefits
for hospital and medical services and supplies.
11. No policy shall provide for a reduction
of benefits upon attainment of any age or other condition, or upon the
occurrence of any event(s).
12. No
policy shall provide for a probationary or waiting period during which no
coverage is provided under the policy.
13. Every policy shall have a notice
prominently printed on the first page or attached thereto stating in substance
that the insured shall have the right to return the policy within 30 days of
its delivery and to have the premium or subscription charge or fees refunded
if, after examination of the policy, the insured is not satisfied for any
reason.
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