Description: Discussion of the recent promulgation of the mega rule interpreting HIPAA and GINA and the potential impact of the mega rule on long-term care insurers' use of genetic information in underwriting coverage.

Description: From past to present, this article discusses what has happened in rate increase litigation, and how we got to where we are now. The article also discusses a possible "future" wave of rate increase litigation for insurers and counsel to be aware of as they move forward with rate increases in the future.

Description: While tax-qualified products meet an existing demand in the long-term care market, the statutorily required language of Section 7702B can present challenges as claims are presented. Every day, claims professionals grapple with whether the facts of a claim constitute substantial assistance or a severe cognitive impairment. “Close call” claims decisions continue to increase as claims volumes rise across the long-term care insurance sector. This article analyzes the Section 7702B language, identifies potential pitfalls in administering claims made on tax-qualified policies, and illustrates how to avoid such pitfalls through hypothetical scenarios.

Description: The last decade or more has proven that premium rate increases are necessary to maintain the integrity of most blocks of LTCi policies. Along with those rate increases, carriers have offered and regulators have approved an evolving menu of rate increase mitigation options for policyholders that do not wish to pay the increased rate. Recently, carriers and regulators have become more and more innovative in the rate increase mitigation options that they have presented to regulators. This article will discuss both the common and creative options that carriers are offering their insureds in the event of rate increases, including policy buys out, adjustments to coverage levels, and enhanced non-forfeiture options.