
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC9002]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
                  CHAPTER 90--LONG-TERM CARE INSURANCE
 
Sec. 9002. Availability of insurance

    (a) In General.--The Office of Personnel Management shall establish 
and, in consultation with the appropriate Secretaries, administer a 
program through which an individual described in paragraph (1), (2), 
(3), (4), or (5) of section 9001 may obtain long-term care insurance 
coverage under this chapter for such individual.
    (b) General Requirements.--Long-term care insurance may not be 
offered under this chapter unless--
        (1) the only coverage provided is under qualified long-term care 
    insurance contracts; and
        (2) each insurance contract under which any such coverage is 
    provided is issued by a qualified carrier.

    (c) Documentation Requirement.--As a condition for obtaining long-
term care insurance coverage under this chapter based on one's status as 
a qualified relative, an applicant shall provide documentation to 
demonstrate the relationship, as prescribed by the Office.
    (d) Underwriting Standards.--
        (1) Disqualifying condition.--Nothing in this chapter shall be 
    considered to require that long-term care insurance coverage be made 
    available in the case of any individual who would be eligible for 
    benefits immediately.
        (2) Spousal parity.--For the purpose of underwriting standards, 
    a spouse of an individual described in paragraph (1), (2), (3), or 
    (4) of section 9001 shall, as nearly as practicable, be treated like 
    that individual.
        (3) Guaranteed issue.--Nothing in this chapter shall be 
    considered to require that long-term care insurance coverage be 
    guaranteed to an eligible individual.
        (4) Requirement that contract be fully insured.--In addition to 
    the requirements otherwise applicable under section 9001(9), in 
    order to be considered a qualified long-term care insurance contract 
    for purposes of this chapter, a contract must be fully insured, 
    whether through reinsurance with other companies or otherwise.
        (5) Higher standards allowable.--Nothing in this chapter shall, 
    in the case of an individual applying for long-term care insurance 
    coverage under this chapter after the expiration of such 
    individual's first opportunity to enroll, preclude the application 
    of underwriting standards more stringent than those that would have 
    applied if that opportunity had not yet expired.

    (e) Guaranteed Renewability.--The benefits and coverage made 
available to eligible individuals under any insurance contract under 
this chapter shall be guaranteed renewable (as defined by section 7A(2) 
of the model regulations described in section 7702B(g)(2) of the 
Internal Revenue Code of 1986), including the right to have insurance 
remain in effect so long as premiums continue to be timely made. 
However, the authority to revise premiums under this chapter shall be 
available only on a class basis and only to the extent otherwise 
allowable under section 9003(b).

(Added Pub. L. 106-265, title I, Sec. 1002(a), Sept. 19, 2000, 114 Stat. 
764.)

                       References in Text

    Section 7702B(g)(2) of the Internal Revenue Code of 1986, referred 
to in subsec. (e), is classified to section 7702B(g)(2) of Title 26, 
Internal Revenue Code.
