The Application Process and Underwriting of an Individual Long Term Care Policy
State insurance laws require that all individual policies (life, health, long term care – all of
them) be fully and medically u
nderwritten. This means the insurance company must verify, through any legal means, the
applicant's medical history, lifestyle, and potential for cognitive impairment prior to issuing
the policy. In other words, the company must make a serious attempt to determine an insurance
risk before it issues a policy. This is for the protection of both parties – so that both
the insurance company and the insured know going into the contract exactly where they stand.
Once this process is complete, an insurance company cannot refuse to pay a claim based on a condition that did not exist at the time of application. The
underwriting process does allow an insurance company to refuse to cover someone who poses a
significant risk for future claims, to exclude coverage for a specific condition, or to increase
the premium because of a perceived increased risk.
Insurance companies are protected from fraud by being able to deny claims at any time if
an applicant intentionally withheld information that would have affected whether the policy
would have been issued. For example, if the applicant KNOWS he has cancer and denies it on the
application AND the insurance company can prove that the applicant knew it and INTENTIONALLY
withheld the information so that he could get insurance, then the insurance company can cancel the
policy and deny the claims even years after the policy was issued. If, however, the applicant
failed to disclose information that would have significantly affected the issuance of the policy,
but the insurance company could not prove that it was done with intent to deceive, the insurance
company can only deny a claim based on this misrepresentation during the first two years the
policy is in force. After that, the company cannot use unintentional misrepresentation to deny a
claim.
Insurance companies often rely on medical
exams and current health to issue a life or health insurance policy, but they rely on medical
records and a history of past medical conditions to issue a long term care insurance
policy. Long term care companies may also require a personal or a phone interview by someone who
is not an agent, possibly a nurse. In this interview the company will be looking at lifestyles,
activities and hobbies, and other pursuits that might indicate whether you may be partially
disabled and beginning to lose the ability to care for yourself. The independent interview also
helps to balance the information from an agent who may be biased by the desire to sell a policy.
Long term care companies are especially concerned about short-term memory problems, since
cognitive impairment is a key issue with long term care insurance.
Because general health and cognitive abilities tend to decline with age, you should not wait to
purchase long term care insurance until your health begins to decline, causing your premium
to be higher, or declines to the point that you are no longer eligible for long term care
insurance.
Many states now mandate that long term care insurance companies disclose, in writing, any rate
increases for the class of policy you are applying for, along with details of the rate increases.
If a company shows significant increases on a given policy over the years, look for another
company with a history of fewer or no increases. Some insurance companies solve this disclosure
requirement by discontinuing the sale of one policy and replacing it with a new policy with a few
new features, but also higher premiums. The insurance company can then honestly say that it has
never raised rates on a given policy. This process insures that the costs of long term care insurance go up over time but you
can protect yourself from the increases by buying now. If you wait, you may be buying a new,
slightly altered but more expensive version of the current policy. |