Applicability and scope

Except as otherwise specifically provided, this chapter applies to all long-term care insurance policies, including qualified long-term care contracts and life insurance policies that accelerate benefits for long-term care delivered or issued for delivery in this state on or after March 1, 2004, fraternal benefit societies, nonprofit health, hospital and medical service corporations, prepaid health plans, health maintenance organizations, and all similar organizations. Certain provisions of this chapter apply only to qualified long-term care insurance contracts as noted. Policies delivered or issued for delivery in this state before March 1, 2004, are governed by chapter 45-06-05. Additionally, this chapter is intended to apply to policies having indemnity benefits triggered by activities of daily living and sold as disability income insurance, if: 1. The benefits of the disability income policy are dependent upon or vary in amount based on the receipt of long-term care services; 2. The disability income policy is advertised, marketed, or offered as insurance for long-term care services; or 3. Benefits under the policy may commence after the policyholder has reached social security's normal retirement age unless benefits are designed to replace lost income or pay for specific expenses other than long-term care services.