§ 36-4423. Application of act.

A.  The requirements of the Long-Term Care Insurance Act shall apply to policies, other than life care community policies delivered or issued for delivery in this state on or after November 1, 1987.  The requirements of the Long-Term Care Insurance Act shall apply to life care community policies delivered or issued for delivery in this state on or after November 1, 1989.

B.  Notwithstanding any other provision, the Long-Term Care Insurance Act shall not apply to the following:

1.  Residential care homes licensed pursuant to the Oklahoma Residential Care Act;

2.  Assisted living centers and continuum of care facilities licensed pursuant to the Oklahoma Continuum of Care and Assisted Living Act; or

3.  Facilities licensed pursuant to the Oklahoma Nursing Home Care Act.

C.  The Long-Term Care Insurance Act is not intended to supersede the obligations of entities subject to said act to comply with the substance of other applicable insurance laws insofar as they do not conflict with the Long-Term Care Insurance Act, except that laws and regulations designed and intended to apply to Medicare supplement insurance policies shall not apply to long-term care insurance.  A policy which is not advertised, marketed or offered as long-term care insurance need not meet the requirements of the Long-Term Care Insurance Act.  The Long-Term Care Insurance Act is not intended to require life care communities to be licensed insurers.  Life care communities which are not licensed insurers shall not be subject to the provisions of the Insurance Code or the jurisdiction of the Insurance Commissioner, except as provided in the Long-Term Care Insurance Act.

Added by Laws 1987, c. 175, § 27, eff. Nov. 1, 1987.  Amended by Laws 1989, c. 107, § 2, eff. Nov. 1, 1989; Laws 2000, c. 171, § 1, emerg. eff. May 2, 2000.