(a) At the time of delivery of a non-partnership life insurance policy or annuity contract that provides long-term care benefits by rider, a policy summary shall be delivered. In the case of direct response solicitations, the insurer shall deliver the policy summary upon the applicant's request, but regardless of request shall make delivery no later than at the time of policy delivery. The policy summary must comply with all applicable requirements of this section and must include:
  (1) an explanation of how the long-term care benefit interacts with other components of the policy, including deductions from death benefits;
  (2) an illustration of the amount of benefits, the length of benefit, and the guaranteed lifetime benefits if any, for each covered person;
  (3) any exclusions, reductions and limitations on benefits of long-term care;
  (4) a statement that any long-term care inflation protection option required by §3.3820 of this subchapter (relating to Requirement to Offer Inflation Protection) and §3.3872 of this subchapter (relating to Inflation Protection Requirements for Long-Term Care Partnership Policies and Certificates) is not available under this policy;
  (5) if applicable to the policy type:
    (A) a disclosure of the effects of exercising other rights under the policy;
    (B) a disclosure of guarantees related to long-term care costs of insurance charges; and
    (C) a disclosure of current and projected maximum lifetime benefits.
(b) The provisions of the policy summary required in subsection (a) of this section may be incorporated into a basic illustration that is required to be delivered in accordance with Chapter 21, Subchapter N of this title (relating to Life Insurance Illustrations).
(c) During the entire time that a long-term care benefit, funded through a life insurance vehicle by the acceleration of the death benefit, is in benefit payment status, a monthly report shall be provided to the policyholder. The report shall include:
  (1) any long-term care benefits paid out during the month;
  (2) an explanation of any changes in the policy, e.g., death benefits or cash values, due to long-term care benefits being paid out; and
  (3) the amount of long-term care benefits existing or remaining.
(d) The statement required in subsection (a)(4) of this section applies to:
  (1) riders for group and individual annuities and life insurance policies that provide long-term care insurance;
  (2) life insurance policies:
    (A) that accelerate the death benefit for one or more of the qualifying events of terminal illness, medical conditions requiring extraordinary medical intervention or permanent institutional confinement; and
    (B) that provide the option of a lump-sum payment for those benefits; and
    (C) where neither the benefits nor the eligibility for the benefits is conditioned upon the receipt of long-term care.

Source Note: The provisions of this §3.3860 adopted to be effective February 2, 2009, 34 TexReg 599