Texas Administrative Code
Title 28 - INSURANCE
Part 1 - TEXAS DEPARTMENT OF INSURANCE
Chapter 3 - LIFE, ACCIDENT, AND HEALTH INSURANCE AND ANNUITIES
Subchapter Y - STANDARDS FOR LONG-TERM CARE INSURANCE, NON-PARTNERSHIP AND PARTNERSHIP LONG-TERM CARE INSURANCE COVERAGE UNDER INDIVIDUAL AND GROUP POLICIES AND ANNUITY CONTRACTS, AND LIFE INSURANCE POLICIES THAT PROVIDE LONG-TERM CARE BENEFITS WITHIN THE POLICY
Division 4 - PARTNERSHIP LONG-TERM CARE INSURANCE ONLY
Section 3.3873 - Filing Requirements for Long-Term Care Partnership Policies
Universal Citation: 28 TX Admin Code § 3.3873
Current through Reg. 50, No. 13; March 28, 2025
(a) Prior approval requirements. Each long-term partnership policy or certificate, including any long-term care partnership endorsement, that is to be delivered or issued for delivery in this state must comply with the requirements specified in paragraphs (1) and (2) of this subsection before being delivered or issued in this state.
(1) Each long-term care partnership policy,
certificate, or endorsement must be filed with the department and approved by
the commissioner in accordance with the requirements and procedures set forth
in Subchapter A of this chapter (relating to Submission Requirements for
Filings and Departmental Actions Related to Such Filings) and subsections (b)
and (c) of this section, as applicable.
(2) Each long-term care partnership policy,
certificate, or endorsement filing must include Form Number LHL570(LTC)
Long-Term Care Partnership Program Insurer Certification Form, as specified in
Figure: 28 TAC §
3.3873(a)(2)(F).
The following requirements and procedures apply to this certification form:
(A) The text in the certification form must
be in at least 10-point type and must follow the order of the information
presented in Figure: 28 TAC §
3.3873(a)(2)(F).
(B) The text in the certification form as
specified in Figure: 28 TAC §
3.3873(a)(2)(F)
is mandated; the format for the form is a recommended format. An insurer may
format the mandated text in a different format from that specified in Figure:
28 TAC §
3.3873(a)(2)(F)
if the insurer files the certification form for review and approval by the
commissioner.
(C) Any certification
form that is filed for approval pursuant to subparagraph (B) of this paragraph
must be filed no later than 60 days prior to use in any filing of a policy,
certificate or endorsement submitted pursuant to subsection (c) or (d) of this
section and is subject to the requirements and procedures set forth in
Subchapter A of this chapter.
(D)
Any certification form filed pursuant to subparagraph (B) of this paragraph
should be filed with the Texas Department of Insurance, Life and Health
Division, Filings Intake, MC-LH-LHL, P.O. Box 12030, Austin, Texas
78711-2030.
(E) Form Number
LHL570(LTC) may be obtained from the Texas Department of Insurance, Life and
Health Division, Life and Health Lines, MC-LH-LHL, P.O. Box 12030, Austin,
Texas 78711-2030, or from the department's website at
www.tdi.texas.gov/forms.
(F) A
representation of Form Number LHL570(LTC) Long-Term Care Partnership Program
Insurer Certification Form is as follows:
(b) Policies not previously approved. Any policy or certificate, including any endorsement, that has not been previously approved by the commissioner must comply with the requirements specified in paragraphs (1) - (4) of this subsection prior to an insurer offering the policy for sale in Texas as a partnership policy:
(1)
The policy, certificate, or endorsement must be filed with the department and
approved by the commissioner, and Form Number LHL570(LTC) as specified in
subsection (a)(2)(F) of this section must be filed for each policy,
certificate, or endorsement form submitted for partnership policy
approval.
(2) The policy,
certificate, or endorsement form must be in at least 10-point type.
(3) Any filing made pursuant to paragraph (1)
of this subsection must be filed no later than 60 days prior to use and is
subject to the requirements and procedures set forth in Subchapter A of this
chapter.
(4) The filing should be
submitted to the Texas Department of Insurance, Life and Health Division,
Filings Intake, MC-LH-LHL, P.O. Box 12030, Austin, Texas 78711-2030.
(c) Previously approved policies. Insurers requesting to use a previously approved non-partnership policy form as a long-term care partnership policy must comply with the requirements specified in paragraphs (1) - (6) of this subsection prior to offering the policy for sale in Texas as a partnership policy:
(1)
The insurer must file Form Number LHL570(LTC) Long-Term Care Partnership
Program Insurer Certification Form as specified in subsection (a)(2)(F) of this
section and must include a copy of any endorsement that is needed to comply
with partnership policy requirements.
(2) The policy form number(s) or other
identifying information, such as certificate series, must be provided on Form
Number LHL570(LTC) as a part of the filing.
(3) The filing must be approved by the
commissioner prior to an insurer offering the policy for sale in Texas as a
partnership policy.
(4) The policy
or certificate does not have to be included in the filing if it has been
previously filed and approved by the commissioner.
(5) Any filing made pursuant to this
subsection must be filed no later than 60 days prior to use and is subject to
the requirements and procedures set forth in Subchapter A of this
chapter.
(6) The filing should be
submitted to the Texas Department of Insurance, Life and Health Division,
Filings Intake, MC-LH-LHL, P.O. Box 12030, Austin, Texas
78711-2030.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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