model Act
(2) Requirements of model regulation and Act (A) In general The requirements of this paragraph are met with respect to any contract if such contract meets— (i) Model regulation The following requirements of the model regulation: (I) Section 7A (relating to guaranteed renewal or noncancellability), and the requirements of section 6B of the model Act relating to such section 7A. (II) Section 7B (relating to prohibitions on limitations and exclusions). (III) Section 7C (relating to extension of benefits). (IV) Section 7D (relating to continuation or conversion of coverage). (V) Section 7E (relating to discontinuance and replacement of policies). (VI) Section 8 (relating to unintentional lapse). (VII) Section 9 (relating to disclosure), other than section 9F thereof. (VIII) Section 10 (relating to prohibitions against post-claims underwriting). (IX) Section 11 (relating to minimum standards). (X) Section 12 (relating to requirement to offer inflation protection), except that any requirement for a signature on a rejection of inflation protection shall permit the signature to be on an application or on a separate form. (XI) Section 23 (relating to prohibition against preexisting conditions and probationary periods in replacement policies or certificates). (ii) Model Act The following requirements of the model Act: (I) Section 6C (relating to preexisting conditions). (II) Section 6D (relating to prior hospitalization). (B) Definitions For purposes of this paragraph— (i) Model provisions The terms “model regulation” and “model Act” mean the long-term care insurance model regulation, and the long-term care insurance model Act, respectively, promulgated by the National Association of Insurance Commissioners (as adopted as of January 1993). (ii) Coordination Any provision of the model regulation or model Act listed under clause (i) or (ii) of subparagraph (A) shall be treated as including any other provision of such regulation or Act necessary to implement the provision. (iii) Determination For purposes of this section and section 4980C, the determination of whether any requirement of a model regulation or the model Act has been met shall be made by the Secretary.