LD 1698
pg. 13
Page 12 of 22 An Act To Join the Interstate Insurance Product Regulation Compact Page 14 of 22
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LR 2485
Item 1

 
uniform consumer protections for the products subject to this
chapter; and

 
B.__The presumption that a uniform standard adopted by the
commission provides reasonable protections to consumers of
the relevant product.

 
Notwithstanding this subsection, a compacting state may at the
time of its enactment of this compact, prospectively opt out of
all uniform standards involving long-term care insurance products
by expressly providing for such an option in the enacted compact,
and opting out may not be treated as a material variance in the
offer or acceptance of any state to participate in this compact.__
Opting out is effective at the time of enactment of this compact
by the compacting state and applies to all existing uniform
standards involving long-term care insurance products and those
subsequently promulgated.

 
5.__Effect of opting out.__If a compacting state elects to opt
out of a uniform standard, the uniform standard remains
applicable in the compacting state electing to opt out until such
time as the legislation opting out is enacted into law or the
regulation opting out becomes effective.

 
Once the opting out of a uniform standard by a compacting state
becomes effective as provided under the laws of that state, the
uniform standard has no further force and effect in that state
unless and until the legislation or regulation implementing the
opting out is repealed or otherwise becomes ineffective under the
laws of the state.__If a compacting state opts out of a uniform
standard after the uniform standard has been made effective in
that state, the opting out has the same prospective effect as
provided under section 2485 for withdrawals.

 
6.__Stay of uniform standard.__If a compacting state has
formally initiated the process of opting out of a uniform
standard by regulation, and while the regulatory opting out is
pending, the compacting state may petition the commission, at
least 15 days before the effective date of the uniform standard,
to stay the effectiveness of the uniform standard in that state.__
The commission may grant a stay if it determines the regulatory
opting out is being pursued in a reasonable manner and there is a
likelihood of success.__If a stay is granted or extended by the
commission, the stay or extension may postpone the effective date
by up to 90 days, unless the stay is affirmatively extended by
the commission.__A stay may not be permitted to remain in effect
for more than one year unless the compacting state can show
extraordinary circumstances that warrant a continuance of the
stay, including, but not limited to, the existence of a legal
challenge that prevents the compacting state from opting out.__A


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