NAC687B.035. Scope.

     1. Except as otherwise provided in this subsection, the provisions of NAC 687B.005 to 687B.140, inclusive, apply to a long-term care insurance contract delivered or issued for delivery in this State on or after November 21, 1988. The provisions of NAC 687B.113, 687B.116 and 687B.118 apply to a long-term care insurance contract delivered or issued for delivery in this State on or after January 11, 1991.

     2. The provisions of NAC 687B.005 to 687B.140, inclusive, do not supersede the obligations of entities subject to them to comply with other applicable regulations insofar as they do not conflict with the provisions of NAC 687B.005 to 687B.140, inclusive.

     3. Applicable regulations governing contracts of insurance which supplement Medicare do not apply to long-term care insurance contracts.

     4. Except as otherwise provided in subsection 6, a contract of insurance which is not advertised, marketed or offered as long-term care insurance or nursing home insurance is not required to comply with the provisions of NAC 687B.005 to 687B.140, inclusive.

     5. NAC 688B.010 and 689B.010 to 689B.080, inclusive, do not apply to long-term care insurance contracts.

     6. Except as otherwise expressly provided in NAC 687B.005 to 687B.140, inclusive, the provisions of NAC 687B.005 to 687B.140, inclusive, apply to:

     (a) Any long-term care insurance contract, including a qualified long-term care insurance contract, partnership contract, annuity contract and life insurance policy that accelerates benefits for long-term care delivered or issued for delivery in this State on or after October 1, 2011, by insurers and all similar organizations.

     (b) Policies having indemnity benefits that are triggered by activities of daily living and sold as disability income insurance if:

          (1) The benefits of the disability income policy are dependent upon or vary in amount based on the receipt of long-term care services;

          (2) The disability income policy is advertised, marketed or offered as insurance for long-term care services; or

          (3) Benefits under the policy may commence after the policyholder has reached the normal retirement age for Social Security unless benefits are designated to replace lost income or pay for specific expenses other than long-term care services.

     7. Notwithstanding any other provision of NAC 687B.005 to 687B.140, inclusive, any product advertised, marketed or offered as long-term care insurance is subject to the provisions of NAC 687B.005 to 687B.140, inclusive.

     (Added to NAC by Comm’r of Insurance, eff. 11-21-88; A 1-4-91; R028-10, 12-16-2010, eff. 10-1-2011)