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THE CONTRACT
The entire contract between the policyholder and the carrier is
as stated in the policy, the policyholder's application and any
attached papers. No change in the policy will be effective until
approved by one of the carrier's officers. That approval must be
noted on, or attached to, the policy. NO agent may change the
policy or waive any of its provisions.
TIME LIMIT ON
CERTAIN DEFENSES
In regard to misstatements in the policyholder's application:
After two (2) years from the policy's effective date, only
fraudulent misstatements in the application may be used to void
the policy or to deny any claim for loss incurred, or disability
that starts after the two (2) year period.
MISSTATEMENTS
OF AGE
The policyholder's age may have been misstated in the
application. In that case, the carrier will pay the benefits that
the premiums would have purchased at the policyholder's true age.
If, based on the policyholder's true age, the policy would not
have become effective, the carrier will only be liable for the
refund of all premiums paid on the policy.
CONFORMITY
WITH STATE STATUTES
If the policy does not comply with the laws of the state in which
the policyholder resides on its effective date, the carrier will
treat it as though it had been changed to comply with those laws.
GOVERNING
JURISDICTION
The policy is governed by the laws of the state in which the
policyholder resides.
TIME PERIODS
All time periods begin and end at 12:01 a.m. at the
policyholder's residence.
PERIOD OF CARE
A period of care begins on the first day you receive and are paid
for Long-term Care through your Service Plan and ends when you
are no longer receiving services or the period specified in your
Service Plan has ended.
NONPARTICIPATING
DIVIDENDS NOT PAYABLE: The policyholder does not participate in
the carrier's profits or surplus earnings; no dividends will be
paid at any time.
TEMPORARY
INSURANCE
Temporary insurance, subject to any elimination periods elected
by the applicant, begins at 12:01 a.m., standard time, on the
date of the application, at the applicant's residence, and is
subject to the terms and conditions of the temporary insurance
receipt.
GROUP LTC
INSURANCE
This type of insurance can be sold through organizations such as
the American Association of Retired Persons (AARP). A
"Master Contract" is held by the organization that
includes the actual provisions and benefits specified. A
Certificate of Insurance is usually issued rather than a policy.
This insurance can be sold by mail, whereas individual LTC
insurance policies are sold by insurance agents.
COVERED PERSON
Means a person who is in the Eligible Group and approved for
coverage under the Group Long-term Care Plan.
POLICY TAKING
EFFECT
EFFECTIVE DATE AND CONSIDERATION: The policy is issued based on
the statements made in the policy- holder's application and
payment of the first premium shown in the schedule. The policy
then takes effect on the effective date shown in the schedule.
RIGHT TO CANCEL
AT ANY TIME
The policyholder may cancel the policy at any time by sending the
carrier a written notice.
PREMIUMS PAID
BEYOND THE POLICYHOLDER'S DEATH
If the policyholder should die while insured under the policy,
the carrier will refund the pro rata part of any premium paid for
the period after the policyholder's death.
SURVIVOR
BENEFITS
If both spouses have policies, some policies will, on the death
of one spouse, convert the policy of the surviving spouse to
paid-up status. That is, the surviving spouse need pay no further
premiums.
PAYING PREMIUMS
The premium mode shown in the schedule states how often premiums
are to be paid. Each premium, after the first premium, is due at
the end of the period for which the prior premium was paid.
GRACE PERIOD
If a renewal premium is not paid on or before the date it is due,
it may be paid during the following 31 days. The policy will stay
in force during the grace period. If the premium is not paid
during the grace period, the policy will terminate at the end of
the grace period. This is called a lapse.
EXTENSION OF
BENEFITS
Termination of the policy will not affect any claim for
uninterrupted institutional confinement that begins while the
policy is in force and continues beyond the date of termination.
The extension of benefits beyond the period the policy is in
force is limited to the unexpired duration of the benefit limit
and will be subject to the elimination period and all other
applicable provisions of the policy. For the purposes of the
extension provision, an uninterrupted institutional confinement
will include: Being transferred to another nursing home or
alternate Long-Term Care facility; receiving another level of
care in the same facility; or transfer back to a nursing home or
alternate Long-Term Care facility for a temporary or acute
hospitalization.
REINSTATEMENT
Once the policy lapses, the carrier may or may not put it back in
force (reinstate), at the carrier's option. An acceptance of late
premium by the carrier (or by an Agent authorized to accept
payment), without requiring an application for reinstatement,
will reinstate the policy.
UNEARNED
PREMIUM
Means a premium amount paid by you for coverage that extends over
a period of time during which your coverage is no longer in
force.
UNPAID PREMIUMS
When a claim is paid, any premium due and unpaid will be deducted
from the claim payment.
EXCLUSIONS
AND LIMITATIONS (WHAT'S NOT COVERED)
The policy will not pay benefits for anything provided by a
member of the policyholder's immediate family (unless stated
otherwise policies may vary); or that for which no charge
would be made in the absence of insurance; for care provided
outside of the United States of America or its possessions; for
care provided in a Veteran's Administration or federal government
facility, unless the policyholder or the policyholder's estate is
charged for the services or confinement; care that results from
war or an act of war, whether declared or not; services needed
because of an attempted suicide or an intentionally self
inflicted injury; any care needed that results from alcoholism or
addiction to narcotics (but not addiction which results from the
administration of those substances in accordance with the advice
and written instructions of a doctor).
THE
POLICYHOLDER'S ROLE
Let the carrier know at once. Early awareness by the carrier's
claim department will facilitate a timely review of the
policyholder's claim.
INFORMING THE
CARRIER OF A CLAIM
NOTICE OF CLAIM: The carrier must be notified when the
policyholder has a claim for benefits. The notice can be given to
the carrier at the home office or to an Agent of the carrier. It
must be received with 30 days of the date the covered loss
starts, or as soon as reasonably possible. Include in the notice,
at least the policyholder's name, policy number and an address
where the claim form can be sent.
WHEN TO FILE
PROOF OF LOSS: The carrier must get written proof of loss within
120 days after the end of each month for which benefits may be
payable. If it is not reasonably possible to give the carrier
written proof in the time required, the carrier shall not reduce
or deny a claim for being late if the proof is filed as soon as
reasonably possible. Unless the claimant is not legally capable,
the required proof must always be given to the carrier no later
than one (1) year from the time specified.
CALENDAR YEAR
A twelve-month period that begins on January 1 and ends on
December 31.
CARRIER
EVALUATION, CRITERIA AND PAYMENT PROCESS
WHEN PROOF OF LOSS IS SATISFACTORY: The carrier will work with
the policyholder, the policyholder's doctor and other care givers
to obtain information about the policyholder's state of health
and the degree to which the policyholder needs care covered by
the policy.
COORDINATION
OF BENEFITS
If your policy has coordination of benefits, then it will pay
benefits only after any other insurance policy or government
agency has made payment. It will not make payments in addition to
other benefits you receive.
CO-PAYMENT
This is the percentage of the cost of care that you pay, a/k/a
coinsurance. Some LTC policies pay a percentage of charges, up to
a daily maximum. Typically, this percentage is 80%, meaning your
co-payment is 20% of the charges.
PHYSICAL
EXAMINATIONS
As part of the carrier's evaluation of the policyholder's claim,
the carrier has the right to require a medical examination when a
claim is made and at reasonable intervals while the policyholder
is claiming continued benefits. If an examination is required,
the policyholder will not have to pay for it.
TIME INVOLVED
FOR PAYMENT OF CLAIM
After the carrier receives the proper written proof of loss, the
carrier will pay any benefits then due, monthly when the loss is
expected to result in on- going benefits or immediately when the
carrier's liability has ended.
PAYMENT OF
CLAIMS
All benefits will be paid to the policyholder. Any benefits not
paid at the policyholder's death will be paid to the
policyholder's estate. If benefits are payable to the
policyholder's estate, the carrier may pay a portion of the
benefits (up to $1,000) directly to someone related to the
policyholder by blood or marriage, who is deemed by the carrier
to be justly entitled to the benefits. The carrier will be
discharged to the extent of any such payment made in good faith.
TRUSTS
A trust is a legal instrument created to hold assets. Assets are
sometimes placed in trusts to qualify for Medicaid benefits in
case long-term care is needed.
IRREVOCABLE
TRUSTS
An Irrevocable Trust holds assets, but the donor cannot change
the trust once it is established. These trusts have been used to
protect assets from Medicaid spend down, but recent changes in
law have restricted their use.
REVOCABLE
TRUSTS
A Revocable or "Living" Trust is a legal instrument you
create to hold assets. You can change the trust or remove assets
from it any time.
APPEAL PROCESS
The policyholder will first have been informed in
writing that a claim or any part of a claim is denied. If the
policyholder believes that the carrier's decision is in error,
the carrier will reconsider the claim.
LEGAL ACTION
The policyholder cannot sue on any claim before 60 days after
written proof of loss has been given, as required by the policy.
The policyholder cannot sue after three (3) years from the time
written proof of loss is required to be given.
CD1100 (revised 7/2000)
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