SECTION 365:10-5-45.3. Discretionary powers of Commissioner

  The Commissioner may upon written request and after an administrative hearing, issue an order to modify or suspend a specific provision or provisions of this Part with respect to a specific long-term care insurance policy or certificate upon a written finding that:

(1)   The modification or suspension would be in the best interest of the insureds; and

(2)   The purposes to be achieved could not be effectively or efficiently achieved without the modification or suspension; and

(3)   At least one of the following applies:

(A)   The modification or suspension is necessary to the development of an innovative and reasonable approach for insuring long-term care; or

(B)   The policy or certificate is to be issued to residents of a life care or continuing care retirement community or some other residential community for the elderly and the modification or suspension is reasonably related to the special needs or nature of such a community; or

(C)   The modification or suspension is necessary to permit long-term care insurance to be sold as part of, or in conjunction with, another insurance product.

[Source: Added at 10 Ok Reg 3033, eff 7-15-93]