Page:United States Statutes at Large Volume 114 Part 1.djvu/800

 114 STAT. 764 PUBLIC LAW 106-265—SEPT. 19, 2000 "§ 9002. Availability of insurance "(a) IN GENERAL. —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 longterm care insurance coverage under this chapter for such individual. "(b) GENERAL REQUIREMENTS. —Long-term care insurance may not be offered under this chapter unless— "(1) the only coverage provided is under qualified longterm care insurance contracts; and "(2) each insurance contract under which any such coverage is provided is issued by a qualified carrier. " (c) DOCUMENTATION REQUIREMENT. —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. "(d) UNDERWRITING STANDARDS.— "(1) DISQUALIFYING CONDITION. —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. "(2) SPOUSAL PARITY.—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. "(3) GUARANTEED ISSUE. — Nothing in this chapter shall be considered to require that long-term care insurance coverage be guaranteed to an eligible individual. "(4) REQUIREMENT THAT CONTRACT BE FULLY INSURED.— In addition to the requirements otherwise applicable under section 9001(9}, in order to be considered a qualified longterm care insurance contract for purposes of this chapter, a contract must be fully insured, whether through reinsurance with other companies or otherwise. "(5) HIGHER STANDARDS ALLOWABLE.— Nothing in this chapter shall, in the case of an individual applying for longterm 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. "(e) GUARANTEED RENEWABILITY. —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). "§ 9003. Contracting authority "(a) IN GENERAL. — The Office of Personnel Management shall, without regard to section 5 of title 41 or any other statute requiring competitive bidding, contract with one or more qualified carriers for a policy or policies of long-term care insurance. The Office

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