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NCOIL Rejects Carrier Changes to Consumer Disclosure Model Act

by Chris Orestis 9/25/2010

Posted September 21, 2010 4:24PM PST

Proposed changes to the consumer disclosure model act by life insurers were rejected last week by a National Conference of Insurance Legislators (NCOIL) committee.

The Life Insurance & Financial Planning Committee plans to hold a second conference call on Friday to look at the proposed model act again, according to Jordon Estey, director of legislative affairs and education for NCOIL.

NCOIL's proposed consumer disclosure model act would require insurers to let insureds who are 60 or older or are known by insurers to be chronically or terminally ill to be told about life settlements or other options if they are planning to surrender or lapse their policies.

The committee is preparing a final model act proposal to be considered for adoption at the group's annual meeting on Nov. 18 to 21 in Austin, Texas.

The committee rejected proposed changes to the model act by an insurance trade group and a carrier that would have weakened the model act. If passed by NCOIL, the model act can be used as a basis for state laws throughout the country next year.

The American Council of Life Insurers (ACLI), representing major carriers, had suggested a disclosure provision like the one passed by the California Legislature last year. That version would have required carriers to advise policyholders if they were considering making a change in the status of their policies to consult an insurance or financial adviser.

MetLife had proposed a written notice to be developed at no cost to insurers saying that life insurance, life settlements or other alternatives to lapsing or surrendering a policy may not be available to a particular policy owner, depending on his or her circumstances, and such policy owners should contact an adviser, agent or broker to get further advice.

Nursing Home Prices Jump

by Chris Orestis 9/22/2010

By TREVOR THOMAS
Published 9/21/2010  Life & Health

The cost of private nursing home care may have increased about 14% over the past 2 years.
Prudential Financial Inc., Newark, N.J. (NYSE:PRU), has reported that figure in its 2010 long term care cost study.

Prudential found that the cost of assisting living facilities has increased just 2% since it published a review of 2008  long term care prices. The recession has slowed cost increases at some facilities and caused others to close down completely, the company says.

The average daily cost of a private nursing home room was $247, or $90,155 a year. Rates for a semiprivate room averaged $215 daily, or $78,800 yearly, Prudential says.

Home health care costs are up an average of 13%, but the average hourly rate for a home health aide or certified nursing assistant remained flat at $21 per hour. For licensed practical nurses, rates increased 17%, to $54 an hour.

The states with the highest nursing home private room costs were Alaska ($232,100 annually), Connecticut ($143,800) and New York ($138,300). Louisiana ($55,900), Arkansas ($55,800), and Missouri ($57,700) had the lowest costs for this type of facility.

For home health care, the highest-cost states in average hourly rates were Alaska ($32), Wyoming ($31) and Connecticut ($27). The least costly states for home care services were Texas ($12), Louisiana ($15) and Alabama ($15).

For assisted-living facilities, the highest costs were found in Delaware (annual average base rate: $63,000), Maine ($58,400) and Connecticut $54,000). Lowest cost states in this category: Indiana ($25,600), Florida ($26,400) and Nebraska ($27,300).

Prudential notes that 74% of consumers ages 55 to 65 polled for a recent survey said they are concerned about needing some kind of long term care, and that 25% of all consumers admitted that they have no idea what a day in a nursing home costs. Only 22% of the participants mentioned the idea of using private LTC insurance to pay for care.

The cost of private nursing home care may have increased about 14% over the past 2 years.
Prudential Financial Inc., Newark, N.J. (NYSE:PRU), has reported that figure in its 2010 long term care cost study.

Prudential found that the cost of assisting living facilities has increased just 2% since it published a review of 2008  long term care prices. The recession has slowed cost increases at some facilities and caused others to close down completely, the company says.

The average daily cost of a private nursing home room was $247, or $90,155 a year. Rates for a semiprivate room averaged $215 daily, or $78,800 yearly, Prudential says.

Home health care costs are up an average of 13%, but the average hourly rate for a home health aide or certified nursing assistant remained flat at $21 per hour. For licensed practical nurses, rates increased 17%, to $54 an hour.

The states with the highest nursing home private room costs were Alaska ($232,100 annually), Connecticut ($143,800) and New York ($138,300). Louisiana ($55,900), Arkansas ($55,800), and Missouri ($57,700) had the lowest costs for this type of facility.

For home health care, the highest-cost states in average hourly rates were Alaska ($32), Wyoming ($31) and Connecticut ($27). The least costly states for home care services were Texas ($12), Louisiana ($15) and Alabama ($15).

For assisted-living facilities, the highest costs were found in Delaware (annual average base rate: $63,000), Maine ($58,400) and Connecticut $54,000). Lowest cost states in this category: Indiana ($25,600), Florida ($26,400) and Nebraska ($27,300).

Prudential notes that 74% of consumers ages 55 to 65 polled for a recent survey said they are concerned about needing some kind of long term care, and that 25% of all consumers admitted that they have no idea what a day in a nursing home costs. Only 22% of the participants mentioned the idea of using private LTC insurance to pay for care.

It's time to enact national Life Insurance Consumer Disclosure legislation in all 50 states

by Chris Orestis 9/9/2010
First it was passed in Washington State.  Oregon and Maine soon followed with similar laws and now more states are in the process of following their lead. The law that started out small but is now growing fast is the Life Insurance Consumer Disclosure Law and now the National Conference of Insurance Legislators (NCOIL) is drafting a model law for every state legislature in the country.    It will require that life insurance companies inform policy owners that they have numerous alternative means to extract value from their policy at the time they are considering allowing it to lapse or surrendering it for any remaining cash value.

The insurance commissioners and law makers in those states recognized the valuable opportunity a life settlement and other options might offer as an alternative to lapsing or surrendering a policy.  They did not want to see impediments to their citizen’s ability to access the secondary market to realize the maximum value of a life insurance policy.  So these states passed laws mandating that it is the responsibility of the insurance company to inform their policy holders at the time of a lapse or surrender of the existence of alternatives.

Life Care Funding Group testified this summer before NCOIL about the importance of giving seniors and their families as much information as possible about their legal rights and options.   Many of the families helped by Life Care Funding Group have a need to pay for expensive long term care services, and the committee recognized the importance of using an asset that otherwise would be discarded to cover these costs.

“We are living in a time when we must be doing all we can to get as much information as possible into the hands of seniors”, testified Chris Orestis, president of Life Care Funding Group.  “When a senior and their family is informed that an asset (life insurance policy) they are about to throw away has unrealized value for them, and it is a potential solution to a health care crisis they are confronting, the consumer wins when they are able to access the most appropriate form of long term care and the state wins when a citizen is able to extend their ability to cover the costs of long term care for as long as possible before accessing Medicaid”, concluded Orestis before the NCOIL committee.  

In an official statement issued on July 12th, Georgia State Sen. Ralph Hudgens reported to NCOIL's executive committee that he was asking Kentucky Rep. Ron Crimm to craft a life insurance options model bill in the next few weeks by melding similar laws that already have passed in Maine, Washington and Kentucky. Hudgens said he expects the model act will be taken up at NCOIL's November meeting in Austin and adopted.  

The model would actually take the disclosure requirements to the next level by specifying numerous alternatives to lapsing or surrendering a policy.  The option for a life settlement would be one of as many as a dozen choices a policy owner could consider.  Options such as converting a policy’s death benefit to a long term care benefit, annuities, loans and accelerated death benefits would also be part of the mandated disclosure. 

To read more about NCOIL's Disclosure Law and Bill of Rights, click here: http://www.theinsurancebellwether.com/2010/08/ncoil-seeking-comment-on-beneficiaries.html

 


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