Terms Used In Michigan Laws 500.3933

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Applicant: means :
  (i) For an individual long-term care insurance policy, the person who seeks to contract for long-term care benefits. See Michigan Laws 500.3901
  • Contract: A legal written agreement that becomes binding when signed.
  • Insurer: means an individual, corporation, association, partnership, reciprocal exchange, inter-insurer, Lloyds organization, fraternal benefit society, or other legal entity, engaged or attempting to engage in the business of making insurance or surety contracts. See Michigan Laws 500.106
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Long-term care insurance: means an individual or group insurance policy, certificate, or rider advertised, marketed, offered, or designed to provide coverage for at least 12 consecutive months for each covered person on an expense-incurred, indemnity, prepaid, or other basis for 1 or more necessary or medically necessary diagnostic, preventive, therapeutic, rehabilitative, maintenance, personal, or custodial care services provided in a setting, including an assisted living facility operating legally in this state, but not including an acute care unit of a hospital. See Michigan Laws 500.3901
  • Medicare: means title XVIII of the social security act, 42 USC 1395 to 1395ggg. See Michigan Laws 500.3901
  • Policy: means an insurance policy or certificate, rider, or endorsement delivered or issued for delivery in this state by an insurer or subsidiary of a nonprofit health care corporation. See Michigan Laws 500.3901
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
  •   An insurer that offers long-term care insurance shall provide to a prospective applicant before application and upon request before renewal a summary of coverage and shall obtain an acknowledgment of receipt of the summary on the application form or renewal form by obtaining the applicant’s signature. An insurer using direct sales response shall provide the summary of coverage to an applicant in conjunction with the initial application and upon request before renewal. The summary of coverage shall be a free-standing document, using no smaller than 10-point type, and shall not contain advertising material. The summary of coverage shall be in substantially the following form:

    (COMPANY NAME)
    (ADDRESS: CITY AND STATE)
    (TELEPHONE)
    LONG-TERM CARE POLICY SUMMARY OF COVERAGE
      [Policy number or group master policy and certificate number] Caution: The issuance of this long-term care insurance policy is based upon your responses to the questions on your application. A copy of your [application] [enrollment form] [is enclosed] [was retained by you when you applied]. If your answers are incorrect or untrue, the company has the right to deny benefits or rescind your policy. The best time to clear up any questions is now, before a claim arises. If, for any reason, any of your answers are incorrect, contact the company at this address: [insert address]
      1. This policy is [use 1 of the following:] an individual policy of insurance; a group certificate that was issued in the [indicate jurisdiction in which group certificate was issued].
      2. Purpose of the summary of coverage. This summary of coverage provides a very brief description of the important features of the policy. You should compare this summary of coverage to summaries of coverage for other policies available to you. This is not an insurance contract, but only a summary of coverage. Only the policy contains governing contractual provisions. This means that the policy sets forth in detail the rights and obligations of both you and the insurance company. Therefore, if you purchase this coverage, or any other coverage, it is important that you read your policy carefully.
      3. The following are terms under which the policy may be returned and premium refunded:
      (a) Your new policy provides 30 days within which you may decide, without cost, whether you desire to keep the policy.
      (b) [Include a statement that the policy either does or does not contain provisions providing for a refund or partial refund of premium upon the death of an insured or surrender of the policy. If the policy contains these provisions, include a description of them.]
      4. This is not medicare supplemental coverage. If you are eligible for medicare, review the medicare supplemental buyer’s guide available from the insurance company. [For agents] neither [insert company name] nor its agents represent medicare, the federal government, or any state government. [For direct response] [insert company name] is not representing medicare, the federal government, or any state government.
      5. Long-term care coverage. Policies of this category are designed to provide coverage for 1 or more necessary or medically necessary diagnostic, preventive, therapeutic, rehabilitative, maintenance, or personal care services, provided in a setting other than an acute care unit of a hospital, such as in a nursing home, in the community, or in the home. This policy provides coverage in the form of a fixed dollar indemnity benefit for covered long-term care expenses, subject to policy [limitations] [waiting periods] and [coinsurance] requirements. [Modify this paragraph if the policy is not an indemnity policy.]
      6. Benefits provided by this policy are the following:

    Category Definition Company Benefits
    Skilled nursing care Requires daily attendance, monitoring, evaluation and/or observation by licensed health personnel in a licensed skilled nursing care facility $___ per day
    Maximum days payable ___ days
    Intermediate/basic/custodial nursing care Is care that includes assistance in activities of daily living that can be provided by persons without medical skill in a licensed intermediate or skilled nursing care facility $___ per day
    Maximum days payable ___ days
    Home health benefits:— Daily benefit—Maximum days payable—Restrictions Will this policy cover home care and what are the restrictions? ___Yes ___No $___ per day ___ days
    Prior hospitalization Policies may not require that you be placed in a hospital for a certain number of days before you can receive coverage for nursing home care
    Day benefits begin After you have entered the nursing home, when will the policy start to pay for coverage?
    Preexisting conditions waiting period If you have been treated in the last 6 months for a condition, will this policy cover your treatment? ___Yes ___No
    Does this policy cover you only after a waiting period? ___Yes ___No
    How long is the waiting period? ___ days
    Prior approval for coverage Is prior approval needed before your policy will give you coverage? ___Yes ___No
    Motor vehicle accidents Will this policy provide coverage for long-term care needed as a result of a motor vehicle accident? ___Yes ___No
    Evidence of insurability Is a physical examination required? ___Yes ___No
    Do you have to answer a series of health questions? ___Yes ___No
    Guaranteed renewal As long as you pay your premiums on time, the company will continue to insure you.
    Waiver of premium Are there circumstances under which you receive coverage, but do not have to pay the premium? ___Yes ___No
      7. This policy may not cover all the expenses associated with your long-term care needs. [Provide a brief specific description of any policy provisions that limit, exclude, restrict, reduce, delay, or in any other manner operate to qualify payment of the benefits.]
      8. Relationship of cost of care and benefits. Because the costs of long-term care services will likely increase over time, you should consider whether and how the benefits of this plan may be adjusted. [As applicable, indicate the following:
      (a) That the benefit level will not increase over time.
      (b) Any automatic benefit adjustment provisions.
      (c) Whether the insured will be guaranteed the option to buy additional benefits and the basis upon which benefits will be increased over time if not by a specified amount or percentage.
      (d) If there is such a guarantee, include whether additional underwriting or health screening will be required, the frequency and amounts of the upgrade options, and any significant restrictions or limitations.
      (e) Describe whether there will be any additional premium charge imposed, and how that is to be calculated.]
      9. Terms under which the policy may be continued in force or discontinued.
      [(a) Describe the policy renewability provisions.
      (b) For group coverage, specifically describe applicable continuation/conversion provisions.
      (c) Describe waiver of premium provisions or state that there are no such provisions.
      (d) State whether or not the company has a right to change premium, and if such a right exists, describe clearly and concisely each circumstance under which the premium may change.]
      10. Organic brain disorders and dementia, including Alzheimer’s disease.
      [State that the policy provides coverage for insureds who are clinically diagnosed as having dementia or related degenerative illnesses including Alzheimer’s disease. Specifically describe each benefit screen or other policy provision that provides preconditions to the availability of policy benefits for such an insured including whether there is a screen for cognitive impairment.]
      11. Premium.
      [(a) State the total annual premium for the policy.
      (b) If the premium varies with an applicant’s choice among benefit options, indicate the portion of annual premium that corresponds to each benefit option.]
      12. Additional features.
      [(a) Indicate if medical underwriting is used.
      (b) Describe other important features.]
      I have read this summary and understand that this summary is for my own use and is mine to keep.

    Prospective Applicant‘s Signature
    Date