5 U.S.C. § 9002 — Availability of insurance
submitted 26 years ago by Pub. L. 106-265 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 461 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
The Office of Personnel Management shall establish and, in consultation with the appropriate Secretaries, administer a program through which an individual described in paragraph (1), (2), (3), (4), or (5) of section 9001 may obtain long-term care insurance coverage under this chapter for such individual.
The Secretary of Defense may determine that a nonappropriated fund instrumentality of the Department of Defense is covered under this chapter or is covered under an alternative long-term care insurance program.
Long-term care insurance may not be offered under this chapter unless—
the only coverage provided is under qualified long-term care insurance contracts; and
each insurance contract under which any such coverage is provided is issued by a qualified carrier*.
As a condition for obtaining long-term care insurance coverage under this chapter based on one’s status as a qualified relative*, an applicant shall provide documentation to demonstrate the relationship, as prescribed by the Office.
Nothing in this chapter shall be considered to require that long-term care insurance coverage be made available in the case of any individual who would be eligible for benefits immediately.
For the purpose of underwriting standards, a spouse of an individual described in paragraph (1), (2), (3), or (4) of section 9001 shall, as nearly as practicable, be treated like that individual.
Nothing in this chapter shall be considered to require that long-term care insurance coverage be guaranteed to an eligible individual.
In addition to the requirements otherwise applicable under section 9001(9), in order to be considered a qualified long-term care insurance contract* for purposes of this chapter, a contract must be fully insured, whether through reinsurance with other companies or otherwise.
Nothing in this chapter shall, in the case of an individual applying for long-term care insurance coverage under this chapter after the expiration of such individual’s first opportunity to enroll, preclude the application of underwriting standards more stringent than those that would have applied if that opportunity had not yet expired.
The benefits and coverage made available to eligible individuals under any insurance contract under this chapter shall be guaranteed renewable (as defined by section 7A(2) of the model regulations described in section 7702B(g)(2) of the Internal Revenue Code of 1986), including the right to have insurance remain in effect so long as premiums continue to be timely made. However, the authority to revise premiums under this chapter shall be available only on a class basis and only to the extent otherwise allowable under section 9003(b).
Source credit: (Added Pub. L. 106–265, title I, § 1002(a), Sept. 19, 2000, 114 Stat. 764; amended Pub. L. 107–314, div. A, title XI, § 1101(b), Dec. 2, 2002, 116 Stat. 2660.)
- 2000Enacted · Pub. L. 106-265 · 114 Stat. 764
- 2002Amended · Pub. L. 107-314 · 116 Stat. 2660
A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-265 on 2000-09-19.
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