Section 26-A2613. DISCRETIONARY POWERS OF COMMISSIONER

 

2613.1The Commissioner may upon written request and after an administrative hearing, issue an order to modify or suspend a specific provision or provisions of this regulation with respect to a specific long-term care insurance policy or certificate upon a written finding of the following:

 

(a)The modification or suspension would be in the best interest of the insureds;

 

(b)The purposes to be achieved could not be effectively or efficiently achieved without the modification or suspension; and

 

(c)The modification or suspension is necessary to the development of an innovative and reasonable approach for insuring long-term care; or

 

(d)The policy or certificate is to be issued to residents of a life care or continuing care retirement community or some other residential community for the elderly and the modification or suspension is reasonably related to the special needs or nature of such a community; or

 

(e)The modification or suspension is necessary to permit long-term care insurance to be sold as part of, or in conjunction with, another insurance product.

 

source

Final Rulemaking published at 52 DCR 10902 (December 16, 2005).