California 2017 2017-2018 Regular Session

California Senate Bill SB1248 Amended / Bill

Filed 04/02/2018

                    Amended IN  Senate  April 02, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1248Introduced by Senator Senators Gaines and GlazerFebruary 15, 2018An act to amend Section 10270.7 of the Insurance Code, relating to disability insurance. 22005.1 of the Welfare and Institutions Code, relating to long-term care.LEGISLATIVE COUNSEL'S DIGESTSB 1248, as amended, Gaines. Disability insurance. California Partnership for Long-Term Care Program.Existing law establishes the California Partnership for Long-Term Care Program, which is administered by the State Department of Health Care Services. The purpose of the program is to link private long-term care insurance and health care service plan contracts that cover long-term care with the In-Home Supportive Services (IHSS) program and the Medi-Cal program, and to provide IHSS and Medi-Cal program benefits to certain individuals who have income and resources above the eligibility levels for receipt of medical assistance, but who have purchased certified private long-term care insurance policies. Existing law prescribes specified criteria for certification of a long-term care insurance policy under the program, including a requirement that the policy provide levels and durations of benefits that meet minimum standards set by the department.This bill would require an insurer to offer an applicant, at the time of purchase, a lifetime maximum benefit that, at the time of purchase, is equivalent in dollars to at least 365 times 70% of the average daily private pay rate for a nursing facility. The bill would also authorize an insurer to offer an applicant at least one lower cost option that provides a per diem benefit of at least $100 per day for a nursing facility, a residential care facility, or home- and community-based services, if the policy provides a lifetime maximum benefit of not less than $73,000.Existing law provides that family expense disability insurance is, among other things, a form of disability insurance that insures more than one person and is issued to the head of a family or his or her spouse indemnifying him or her, or the spouse, or both, against loss due to disability of one or more persons dependent at the time of issuance upon him or her, or the spouse, or both, and may include indemnification on account of his or her own disability and disability of his or her spouse whether or not either is dependent on the other.This bill would make technical, nonsubstantive changes to that provision.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 22005.1 of the Welfare and Institutions Code is amended to read:22005.1. (a) The State Department of Health Care Services shall only certify a long-term care insurance policy that substantially meets the requirements of Chapter 2.6 (commencing with Section 10230) 10231) of Part 2 of Division 2 of the Insurance Code, except the requirements of Sections 10232.1, 10232.2, 10232.8, 10232.9, and 10232.92 of the Insurance Code, and that provides all of the items specified in subdivision (b). The State Department of Health Care Services shall only certify a health care service plan contract that has been approved by the Department of Managed Health Care pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code as providing substantially equivalent coverage to that required by Chapter 2.6 (commencing with Section 10230) 10231) of Part 2 of Division 2 of the Insurance Code, and that provides all of the items specified in subdivision (b). Policies issued by organizations subject to the Insurance Code and regulated by the Department of Insurance shall also be approved by the Department of Insurance.(b) Only policies and contracts that provide all of the following items shall be certified by the department:(1) Individual assessment and case management by a coordinating entity designated and approved by the department.(2) Levels and durations of benefits that meet minimum standards set by the State Department of Health Care Services department pursuant to Section 22009.(A) An applicant shall be offered, at the time of purchase, a lifetime maximum benefit that, at the time of purchase, is equivalent in dollars to at least 365 times 70 percent of the average daily private pay rate for a nursing facility.(B) Notwithstanding any other law, and in addition to subparagraph (A), an applicant may be offered at least one lower cost option that provides a per diem benefit of at least one hundred dollars ($100) per day for a nursing facility, residential care facility, or home- and community-based services, if the policy provides a lifetime maximum benefit of not less than seventy-three thousand dollars ($73,000).(3) Protection against loss of benefits due to inflation. An applicant shall be offered, at the time of purchase, the following options:(A) One option that provides, at a minimum, protection against inflation that automatically increases benefit levels by 5 percent each year over the previous year, up to an age specified by the program.(B) At least one lower cost option.(4) A periodic record issued to the insured including an explanation of insurance payments or benefits paid that count toward Medi-Cal asset protection under this division.(5) Compliance with any other requirements imposed by regulations adopted by the State Department of Health Care Services or the State Department of Social Services and consistent with the purposes of this division.SECTION 1.Section 10270.7 of the Insurance Code is amended to read:10270.7.(a)Family expense disability insurance is a form of disability insurance that insures more than one person and is issued to the head of a family or his or her spouse indemnifying him or her, or the spouse, or both, against loss due to disability of one or more persons dependent at the time of issuance upon him or her, or the spouse, or both, and may include indemnification on account of his or her own disability and disability of his or her spouse whether or not either is dependent on the other.(b)When a policy provides for payment for expenses incurred, expenses incurred by, or upon behalf of, any person covered by the policy shall be deemed incurred by the person to whom, or at whose direction, benefits are payable under the policy.(c)A question as to whether or not a person is the head of the family or his or her spouse, or is a child or dependent of either shall not relieve the insurer of any liability it otherwise would have under the policy.(d)When a policy indemnifies a spouse alone or a spouse and the head of the family, references in the policy to the head of the family shall be deemed to refer to or include the spouse.

 Amended IN  Senate  April 02, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1248Introduced by Senator Senators Gaines and GlazerFebruary 15, 2018An act to amend Section 10270.7 of the Insurance Code, relating to disability insurance. 22005.1 of the Welfare and Institutions Code, relating to long-term care.LEGISLATIVE COUNSEL'S DIGESTSB 1248, as amended, Gaines. Disability insurance. California Partnership for Long-Term Care Program.Existing law establishes the California Partnership for Long-Term Care Program, which is administered by the State Department of Health Care Services. The purpose of the program is to link private long-term care insurance and health care service plan contracts that cover long-term care with the In-Home Supportive Services (IHSS) program and the Medi-Cal program, and to provide IHSS and Medi-Cal program benefits to certain individuals who have income and resources above the eligibility levels for receipt of medical assistance, but who have purchased certified private long-term care insurance policies. Existing law prescribes specified criteria for certification of a long-term care insurance policy under the program, including a requirement that the policy provide levels and durations of benefits that meet minimum standards set by the department.This bill would require an insurer to offer an applicant, at the time of purchase, a lifetime maximum benefit that, at the time of purchase, is equivalent in dollars to at least 365 times 70% of the average daily private pay rate for a nursing facility. The bill would also authorize an insurer to offer an applicant at least one lower cost option that provides a per diem benefit of at least $100 per day for a nursing facility, a residential care facility, or home- and community-based services, if the policy provides a lifetime maximum benefit of not less than $73,000.Existing law provides that family expense disability insurance is, among other things, a form of disability insurance that insures more than one person and is issued to the head of a family or his or her spouse indemnifying him or her, or the spouse, or both, against loss due to disability of one or more persons dependent at the time of issuance upon him or her, or the spouse, or both, and may include indemnification on account of his or her own disability and disability of his or her spouse whether or not either is dependent on the other.This bill would make technical, nonsubstantive changes to that provision.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NO 

 Amended IN  Senate  April 02, 2018

Amended IN  Senate  April 02, 2018

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Senate Bill No. 1248

Introduced by Senator Senators Gaines and GlazerFebruary 15, 2018

Introduced by Senator Senators Gaines and Glazer
February 15, 2018

An act to amend Section 10270.7 of the Insurance Code, relating to disability insurance. 22005.1 of the Welfare and Institutions Code, relating to long-term care.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 1248, as amended, Gaines. Disability insurance. California Partnership for Long-Term Care Program.

Existing law establishes the California Partnership for Long-Term Care Program, which is administered by the State Department of Health Care Services. The purpose of the program is to link private long-term care insurance and health care service plan contracts that cover long-term care with the In-Home Supportive Services (IHSS) program and the Medi-Cal program, and to provide IHSS and Medi-Cal program benefits to certain individuals who have income and resources above the eligibility levels for receipt of medical assistance, but who have purchased certified private long-term care insurance policies. Existing law prescribes specified criteria for certification of a long-term care insurance policy under the program, including a requirement that the policy provide levels and durations of benefits that meet minimum standards set by the department.This bill would require an insurer to offer an applicant, at the time of purchase, a lifetime maximum benefit that, at the time of purchase, is equivalent in dollars to at least 365 times 70% of the average daily private pay rate for a nursing facility. The bill would also authorize an insurer to offer an applicant at least one lower cost option that provides a per diem benefit of at least $100 per day for a nursing facility, a residential care facility, or home- and community-based services, if the policy provides a lifetime maximum benefit of not less than $73,000.Existing law provides that family expense disability insurance is, among other things, a form of disability insurance that insures more than one person and is issued to the head of a family or his or her spouse indemnifying him or her, or the spouse, or both, against loss due to disability of one or more persons dependent at the time of issuance upon him or her, or the spouse, or both, and may include indemnification on account of his or her own disability and disability of his or her spouse whether or not either is dependent on the other.This bill would make technical, nonsubstantive changes to that provision.

Existing law establishes the California Partnership for Long-Term Care Program, which is administered by the State Department of Health Care Services. The purpose of the program is to link private long-term care insurance and health care service plan contracts that cover long-term care with the In-Home Supportive Services (IHSS) program and the Medi-Cal program, and to provide IHSS and Medi-Cal program benefits to certain individuals who have income and resources above the eligibility levels for receipt of medical assistance, but who have purchased certified private long-term care insurance policies. Existing law prescribes specified criteria for certification of a long-term care insurance policy under the program, including a requirement that the policy provide levels and durations of benefits that meet minimum standards set by the department.

This bill would require an insurer to offer an applicant, at the time of purchase, a lifetime maximum benefit that, at the time of purchase, is equivalent in dollars to at least 365 times 70% of the average daily private pay rate for a nursing facility. The bill would also authorize an insurer to offer an applicant at least one lower cost option that provides a per diem benefit of at least $100 per day for a nursing facility, a residential care facility, or home- and community-based services, if the policy provides a lifetime maximum benefit of not less than $73,000.

Existing law provides that family expense disability insurance is, among other things, a form of disability insurance that insures more than one person and is issued to the head of a family or his or her spouse indemnifying him or her, or the spouse, or both, against loss due to disability of one or more persons dependent at the time of issuance upon him or her, or the spouse, or both, and may include indemnification on account of his or her own disability and disability of his or her spouse whether or not either is dependent on the other.



This bill would make technical, nonsubstantive changes to that provision.



## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 22005.1 of the Welfare and Institutions Code is amended to read:22005.1. (a) The State Department of Health Care Services shall only certify a long-term care insurance policy that substantially meets the requirements of Chapter 2.6 (commencing with Section 10230) 10231) of Part 2 of Division 2 of the Insurance Code, except the requirements of Sections 10232.1, 10232.2, 10232.8, 10232.9, and 10232.92 of the Insurance Code, and that provides all of the items specified in subdivision (b). The State Department of Health Care Services shall only certify a health care service plan contract that has been approved by the Department of Managed Health Care pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code as providing substantially equivalent coverage to that required by Chapter 2.6 (commencing with Section 10230) 10231) of Part 2 of Division 2 of the Insurance Code, and that provides all of the items specified in subdivision (b). Policies issued by organizations subject to the Insurance Code and regulated by the Department of Insurance shall also be approved by the Department of Insurance.(b) Only policies and contracts that provide all of the following items shall be certified by the department:(1) Individual assessment and case management by a coordinating entity designated and approved by the department.(2) Levels and durations of benefits that meet minimum standards set by the State Department of Health Care Services department pursuant to Section 22009.(A) An applicant shall be offered, at the time of purchase, a lifetime maximum benefit that, at the time of purchase, is equivalent in dollars to at least 365 times 70 percent of the average daily private pay rate for a nursing facility.(B) Notwithstanding any other law, and in addition to subparagraph (A), an applicant may be offered at least one lower cost option that provides a per diem benefit of at least one hundred dollars ($100) per day for a nursing facility, residential care facility, or home- and community-based services, if the policy provides a lifetime maximum benefit of not less than seventy-three thousand dollars ($73,000).(3) Protection against loss of benefits due to inflation. An applicant shall be offered, at the time of purchase, the following options:(A) One option that provides, at a minimum, protection against inflation that automatically increases benefit levels by 5 percent each year over the previous year, up to an age specified by the program.(B) At least one lower cost option.(4) A periodic record issued to the insured including an explanation of insurance payments or benefits paid that count toward Medi-Cal asset protection under this division.(5) Compliance with any other requirements imposed by regulations adopted by the State Department of Health Care Services or the State Department of Social Services and consistent with the purposes of this division.SECTION 1.Section 10270.7 of the Insurance Code is amended to read:10270.7.(a)Family expense disability insurance is a form of disability insurance that insures more than one person and is issued to the head of a family or his or her spouse indemnifying him or her, or the spouse, or both, against loss due to disability of one or more persons dependent at the time of issuance upon him or her, or the spouse, or both, and may include indemnification on account of his or her own disability and disability of his or her spouse whether or not either is dependent on the other.(b)When a policy provides for payment for expenses incurred, expenses incurred by, or upon behalf of, any person covered by the policy shall be deemed incurred by the person to whom, or at whose direction, benefits are payable under the policy.(c)A question as to whether or not a person is the head of the family or his or her spouse, or is a child or dependent of either shall not relieve the insurer of any liability it otherwise would have under the policy.(d)When a policy indemnifies a spouse alone or a spouse and the head of the family, references in the policy to the head of the family shall be deemed to refer to or include the spouse.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 22005.1 of the Welfare and Institutions Code is amended to read:22005.1. (a) The State Department of Health Care Services shall only certify a long-term care insurance policy that substantially meets the requirements of Chapter 2.6 (commencing with Section 10230) 10231) of Part 2 of Division 2 of the Insurance Code, except the requirements of Sections 10232.1, 10232.2, 10232.8, 10232.9, and 10232.92 of the Insurance Code, and that provides all of the items specified in subdivision (b). The State Department of Health Care Services shall only certify a health care service plan contract that has been approved by the Department of Managed Health Care pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code as providing substantially equivalent coverage to that required by Chapter 2.6 (commencing with Section 10230) 10231) of Part 2 of Division 2 of the Insurance Code, and that provides all of the items specified in subdivision (b). Policies issued by organizations subject to the Insurance Code and regulated by the Department of Insurance shall also be approved by the Department of Insurance.(b) Only policies and contracts that provide all of the following items shall be certified by the department:(1) Individual assessment and case management by a coordinating entity designated and approved by the department.(2) Levels and durations of benefits that meet minimum standards set by the State Department of Health Care Services department pursuant to Section 22009.(A) An applicant shall be offered, at the time of purchase, a lifetime maximum benefit that, at the time of purchase, is equivalent in dollars to at least 365 times 70 percent of the average daily private pay rate for a nursing facility.(B) Notwithstanding any other law, and in addition to subparagraph (A), an applicant may be offered at least one lower cost option that provides a per diem benefit of at least one hundred dollars ($100) per day for a nursing facility, residential care facility, or home- and community-based services, if the policy provides a lifetime maximum benefit of not less than seventy-three thousand dollars ($73,000).(3) Protection against loss of benefits due to inflation. An applicant shall be offered, at the time of purchase, the following options:(A) One option that provides, at a minimum, protection against inflation that automatically increases benefit levels by 5 percent each year over the previous year, up to an age specified by the program.(B) At least one lower cost option.(4) A periodic record issued to the insured including an explanation of insurance payments or benefits paid that count toward Medi-Cal asset protection under this division.(5) Compliance with any other requirements imposed by regulations adopted by the State Department of Health Care Services or the State Department of Social Services and consistent with the purposes of this division.

SECTION 1. Section 22005.1 of the Welfare and Institutions Code is amended to read:

### SECTION 1.

22005.1. (a) The State Department of Health Care Services shall only certify a long-term care insurance policy that substantially meets the requirements of Chapter 2.6 (commencing with Section 10230) 10231) of Part 2 of Division 2 of the Insurance Code, except the requirements of Sections 10232.1, 10232.2, 10232.8, 10232.9, and 10232.92 of the Insurance Code, and that provides all of the items specified in subdivision (b). The State Department of Health Care Services shall only certify a health care service plan contract that has been approved by the Department of Managed Health Care pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code as providing substantially equivalent coverage to that required by Chapter 2.6 (commencing with Section 10230) 10231) of Part 2 of Division 2 of the Insurance Code, and that provides all of the items specified in subdivision (b). Policies issued by organizations subject to the Insurance Code and regulated by the Department of Insurance shall also be approved by the Department of Insurance.(b) Only policies and contracts that provide all of the following items shall be certified by the department:(1) Individual assessment and case management by a coordinating entity designated and approved by the department.(2) Levels and durations of benefits that meet minimum standards set by the State Department of Health Care Services department pursuant to Section 22009.(A) An applicant shall be offered, at the time of purchase, a lifetime maximum benefit that, at the time of purchase, is equivalent in dollars to at least 365 times 70 percent of the average daily private pay rate for a nursing facility.(B) Notwithstanding any other law, and in addition to subparagraph (A), an applicant may be offered at least one lower cost option that provides a per diem benefit of at least one hundred dollars ($100) per day for a nursing facility, residential care facility, or home- and community-based services, if the policy provides a lifetime maximum benefit of not less than seventy-three thousand dollars ($73,000).(3) Protection against loss of benefits due to inflation. An applicant shall be offered, at the time of purchase, the following options:(A) One option that provides, at a minimum, protection against inflation that automatically increases benefit levels by 5 percent each year over the previous year, up to an age specified by the program.(B) At least one lower cost option.(4) A periodic record issued to the insured including an explanation of insurance payments or benefits paid that count toward Medi-Cal asset protection under this division.(5) Compliance with any other requirements imposed by regulations adopted by the State Department of Health Care Services or the State Department of Social Services and consistent with the purposes of this division.

22005.1. (a) The State Department of Health Care Services shall only certify a long-term care insurance policy that substantially meets the requirements of Chapter 2.6 (commencing with Section 10230) 10231) of Part 2 of Division 2 of the Insurance Code, except the requirements of Sections 10232.1, 10232.2, 10232.8, 10232.9, and 10232.92 of the Insurance Code, and that provides all of the items specified in subdivision (b). The State Department of Health Care Services shall only certify a health care service plan contract that has been approved by the Department of Managed Health Care pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code as providing substantially equivalent coverage to that required by Chapter 2.6 (commencing with Section 10230) 10231) of Part 2 of Division 2 of the Insurance Code, and that provides all of the items specified in subdivision (b). Policies issued by organizations subject to the Insurance Code and regulated by the Department of Insurance shall also be approved by the Department of Insurance.(b) Only policies and contracts that provide all of the following items shall be certified by the department:(1) Individual assessment and case management by a coordinating entity designated and approved by the department.(2) Levels and durations of benefits that meet minimum standards set by the State Department of Health Care Services department pursuant to Section 22009.(A) An applicant shall be offered, at the time of purchase, a lifetime maximum benefit that, at the time of purchase, is equivalent in dollars to at least 365 times 70 percent of the average daily private pay rate for a nursing facility.(B) Notwithstanding any other law, and in addition to subparagraph (A), an applicant may be offered at least one lower cost option that provides a per diem benefit of at least one hundred dollars ($100) per day for a nursing facility, residential care facility, or home- and community-based services, if the policy provides a lifetime maximum benefit of not less than seventy-three thousand dollars ($73,000).(3) Protection against loss of benefits due to inflation. An applicant shall be offered, at the time of purchase, the following options:(A) One option that provides, at a minimum, protection against inflation that automatically increases benefit levels by 5 percent each year over the previous year, up to an age specified by the program.(B) At least one lower cost option.(4) A periodic record issued to the insured including an explanation of insurance payments or benefits paid that count toward Medi-Cal asset protection under this division.(5) Compliance with any other requirements imposed by regulations adopted by the State Department of Health Care Services or the State Department of Social Services and consistent with the purposes of this division.

22005.1. (a) The State Department of Health Care Services shall only certify a long-term care insurance policy that substantially meets the requirements of Chapter 2.6 (commencing with Section 10230) 10231) of Part 2 of Division 2 of the Insurance Code, except the requirements of Sections 10232.1, 10232.2, 10232.8, 10232.9, and 10232.92 of the Insurance Code, and that provides all of the items specified in subdivision (b). The State Department of Health Care Services shall only certify a health care service plan contract that has been approved by the Department of Managed Health Care pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code as providing substantially equivalent coverage to that required by Chapter 2.6 (commencing with Section 10230) 10231) of Part 2 of Division 2 of the Insurance Code, and that provides all of the items specified in subdivision (b). Policies issued by organizations subject to the Insurance Code and regulated by the Department of Insurance shall also be approved by the Department of Insurance.(b) Only policies and contracts that provide all of the following items shall be certified by the department:(1) Individual assessment and case management by a coordinating entity designated and approved by the department.(2) Levels and durations of benefits that meet minimum standards set by the State Department of Health Care Services department pursuant to Section 22009.(A) An applicant shall be offered, at the time of purchase, a lifetime maximum benefit that, at the time of purchase, is equivalent in dollars to at least 365 times 70 percent of the average daily private pay rate for a nursing facility.(B) Notwithstanding any other law, and in addition to subparagraph (A), an applicant may be offered at least one lower cost option that provides a per diem benefit of at least one hundred dollars ($100) per day for a nursing facility, residential care facility, or home- and community-based services, if the policy provides a lifetime maximum benefit of not less than seventy-three thousand dollars ($73,000).(3) Protection against loss of benefits due to inflation. An applicant shall be offered, at the time of purchase, the following options:(A) One option that provides, at a minimum, protection against inflation that automatically increases benefit levels by 5 percent each year over the previous year, up to an age specified by the program.(B) At least one lower cost option.(4) A periodic record issued to the insured including an explanation of insurance payments or benefits paid that count toward Medi-Cal asset protection under this division.(5) Compliance with any other requirements imposed by regulations adopted by the State Department of Health Care Services or the State Department of Social Services and consistent with the purposes of this division.



22005.1. (a) The State Department of Health Care Services shall only certify a long-term care insurance policy that substantially meets the requirements of Chapter 2.6 (commencing with Section 10230) 10231) of Part 2 of Division 2 of the Insurance Code, except the requirements of Sections 10232.1, 10232.2, 10232.8, 10232.9, and 10232.92 of the Insurance Code, and that provides all of the items specified in subdivision (b). The State Department of Health Care Services shall only certify a health care service plan contract that has been approved by the Department of Managed Health Care pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code as providing substantially equivalent coverage to that required by Chapter 2.6 (commencing with Section 10230) 10231) of Part 2 of Division 2 of the Insurance Code, and that provides all of the items specified in subdivision (b). Policies issued by organizations subject to the Insurance Code and regulated by the Department of Insurance shall also be approved by the Department of Insurance.

(b) Only policies and contracts that provide all of the following items shall be certified by the department:

(1) Individual assessment and case management by a coordinating entity designated and approved by the department.

(2) Levels and durations of benefits that meet minimum standards set by the State Department of Health Care Services department pursuant to Section 22009.

(A) An applicant shall be offered, at the time of purchase, a lifetime maximum benefit that, at the time of purchase, is equivalent in dollars to at least 365 times 70 percent of the average daily private pay rate for a nursing facility.

(B) Notwithstanding any other law, and in addition to subparagraph (A), an applicant may be offered at least one lower cost option that provides a per diem benefit of at least one hundred dollars ($100) per day for a nursing facility, residential care facility, or home- and community-based services, if the policy provides a lifetime maximum benefit of not less than seventy-three thousand dollars ($73,000).

(3) Protection against loss of benefits due to inflation. An applicant shall be offered, at the time of purchase, the following options:

(A) One option that provides, at a minimum, protection against inflation that automatically increases benefit levels by 5 percent each year over the previous year, up to an age specified by the program.

(B) At least one lower cost option.

(4) A periodic record issued to the insured including an explanation of insurance payments or benefits paid that count toward Medi-Cal asset protection under this division.

(5) Compliance with any other requirements imposed by regulations adopted by the State Department of Health Care Services or the State Department of Social Services and consistent with the purposes of this division.





(a)Family expense disability insurance is a form of disability insurance that insures more than one person and is issued to the head of a family or his or her spouse indemnifying him or her, or the spouse, or both, against loss due to disability of one or more persons dependent at the time of issuance upon him or her, or the spouse, or both, and may include indemnification on account of his or her own disability and disability of his or her spouse whether or not either is dependent on the other.



(b)When a policy provides for payment for expenses incurred, expenses incurred by, or upon behalf of, any person covered by the policy shall be deemed incurred by the person to whom, or at whose direction, benefits are payable under the policy.



(c)A question as to whether or not a person is the head of the family or his or her spouse, or is a child or dependent of either shall not relieve the insurer of any liability it otherwise would have under the policy.



(d)When a policy indemnifies a spouse alone or a spouse and the head of the family, references in the policy to the head of the family shall be deemed to refer to or include the spouse.