{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-5207.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-5207.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-5207.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-5207.html"}],"law_id":78975,"edition_id":1,"section_id":78975,"structure_id":15692,"section_number":"38.2-5207","catch_line":"Disclosure","history":"1987, c. 586; 1990, c. 285; 2000, c. 559.","full_text":"In order to provide for fair disclosure in the sale of long-term care insurance policies:\n\n1\n\nAn outline of coverage shall be delivered to an applicant for an individual long-term care insurance policy at the time of application for an individual policy. In the case of direct response solicitation, the insurer shall deliver the outline of coverage upon the applicant’s request, but regardless of request shall make such delivery no later than at the time of policy delivery. The Commission shall prescribe a standard format, including style, arrangement, and overall appearance, and the content of an outline of coverage. In the case of agent solicitations, an agent shall deliver the outline of coverage prior to the presentation of an application or enrollment form. In the case of direct response solicitations, the outline of coverage shall be presented in conjunction with any application or enrollment form.\n\t\t\tSuch outline of coverage shall include:\n\t\t\ta. A description of the principal benefits and coverage provided in the policy;\n\t\t\tb. A statement of the exclusions, reductions and limitations contained in the policy;\n\t\t\tc. A statement of the renewal provisions, including any reservation in the policy of a right to change premiums. Continuation or conversion provisions of group coverage shall be specifically described;\n\t\t\td. A statement that the outline of coverage is a summary of the policy issued or applied for and that the policy should be consulted to determine governing contractual provisions;\n\t\t\te. A description of the terms under which the policy may be returned and premium refunded; and\n\t\t\tf. A brief description of the relationship of cost of care and benefits.2\n\nA certificate delivered or issued for delivery in this Commonwealth shall include:\n\t\t\ta. A description of the principal benefits and coverage provided in the policy;\n\t\t\tb. A statement of the exclusions, reductions and limitations contained in the policy; and\n\t\t\tc. A statement that the group master policy should be consulted to determine governing contractual provisions.3\n\nThe Commission shall adopt and publish a Long-Term Care Insurance Consumer Guide. After adoption and publication by the Commission, a copy of the Consumer Guide shall be provided at the time of delivery of the policy or certificate.4\n\nNo long-term care insurance policy or certificate shall be marketed as a qualified long-term care insurance policy or federally tax-qualified long-term care insurance contract unless the policy or contract contains a statement prominently disclosing that such policy or certificate is a qualified long-term care insurance policy or federally tax-qualified long-term care insurance contract.","order_by":null,"text":{"0":{"id":282840,"text":"In order to provide for fair disclosure in the sale of long-term care insurance policies:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":282841,"text":"An outline of coverage shall be delivered to an applicant for an individual long-term care insurance policy at the time of application for an individual policy. In the case of direct response solicitation, the insurer shall deliver the outline of coverage upon the applicant’s request, but regardless of request shall make such delivery no later than at the time of policy delivery. The Commission shall prescribe a standard format, including style, arrangement, and overall appearance, and the content of an outline of coverage. In the case of agent solicitations, an agent shall deliver the outline of coverage prior to the presentation of an application or enrollment form. In the case of direct response solicitations, the outline of coverage shall be presented in conjunction with any application or enrollment form.\n\t\t\tSuch outline of coverage shall include:\n\t\t\ta. A description of the principal benefits and coverage provided in the policy;\n\t\t\tb. A statement of the exclusions, reductions and limitations contained in the policy;\n\t\t\tc. A statement of the renewal provisions, including any reservation in the policy of a right to change premiums. Continuation or conversion provisions of group coverage shall be specifically described;\n\t\t\td. A statement that the outline of coverage is a summary of the policy issued or applied for and that the policy should be consulted to determine governing contractual provisions;\n\t\t\te. A description of the terms under which the policy may be returned and premium refunded; and\n\t\t\tf. A brief description of the relationship of cost of care and benefits.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":282842,"text":"A certificate delivered or issued for delivery in this Commonwealth shall include:\n\t\t\ta. A description of the principal benefits and coverage provided in the policy;\n\t\t\tb. A statement of the exclusions, reductions and limitations contained in the policy; and\n\t\t\tc. A statement that the group master policy should be consulted to determine governing contractual provisions.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":282843,"text":"The Commission shall adopt and publish a Long-Term Care Insurance Consumer Guide. After adoption and publication by the Commission, a copy of the Consumer Guide shall be provided at the time of delivery of the policy or certificate.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":282844,"text":"No long-term care insurance policy or certificate shall be marketed as a qualified long-term care insurance policy or federally tax-qualified long-term care insurance contract unless the policy or contract contains a statement prominently disclosing that such policy or certificate is a qualified long-term care insurance policy or federally tax-qualified long-term care insurance contract.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3"}},"ancestry":[{"id":15692,"edition_id":1,"name":"Long-Term Care Insurance","identifier":"52","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:57:59","date_modified":"2026-06-26 03:57:59","permalink":{"id":217773,"object_type":"structure","relational_id":15692,"identifier":"52","token":"38.2\/52","url":"\/38.2\/52\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12698,"edition_id":1,"name":"Insurance","identifier":"38.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":210661,"object_type":"structure","relational_id":12698,"identifier":"38.2","token":"38.2","url":"\/38.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":81666,"structure_id":15692,"section_number":"38.2-5200","catch_line":"Definitions","url":"\/38.2-5200\/","token":"38.2\/52\/38.2-5200","metadata":false},{"id":69288,"structure_id":15692,"section_number":"38.2-5201","catch_line":"What laws applicable","url":"\/38.2-5201\/","token":"38.2\/52\/38.2-5201","metadata":false},{"id":60910,"structure_id":15692,"section_number":"38.2-5202","catch_line":"Promulgation of regulations; standards for policy provisions","url":"\/38.2-5202\/","token":"38.2\/52\/38.2-5202","metadata":false},{"id":81626,"structure_id":15692,"section_number":"38.2-5202.1","catch_line":"Refund of premium for cancellation or termination of policy","url":"\/38.2-5202.1\/","token":"38.2\/52\/38.2-5202.1","metadata":false},{"id":63690,"structure_id":15692,"section_number":"38.2-5203","catch_line":"Prohibited provisions","url":"\/38.2-5203\/","token":"38.2\/52\/38.2-5203","metadata":false},{"id":78536,"structure_id":15692,"section_number":"38.2-5204","catch_line":"Preexisting conditions","url":"\/38.2-5204\/","token":"38.2\/52\/38.2-5204","metadata":false},{"id":72116,"structure_id":15692,"section_number":"38.2-5205","catch_line":"Prior institutionalization","url":"\/38.2-5205\/","token":"38.2\/52\/38.2-5205","metadata":false},{"id":60114,"structure_id":15692,"section_number":"38.2-5206","catch_line":"Rates","url":"\/38.2-5206\/","token":"38.2\/52\/38.2-5206","metadata":false},{"id":61118,"structure_id":15692,"section_number":"38.2-5206.1","catch_line":"Rate increases; notice requirements","url":"\/38.2-5206.1\/","token":"38.2\/52\/38.2-5206.1","metadata":false},{"id":78975,"structure_id":15692,"section_number":"38.2-5207","catch_line":"Disclosure","url":"\/38.2-5207\/","token":"38.2\/52\/38.2-5207","metadata":false},{"id":86980,"structure_id":15692,"section_number":"38.2-5207.1","catch_line":"Disclosure; life insurance policies","url":"\/38.2-5207.1\/","token":"38.2\/52\/38.2-5207.1","metadata":false},{"id":66370,"structure_id":15692,"section_number":"38.2-5207.2","catch_line":"Long-term care benefits; monthly report","url":"\/38.2-5207.2\/","token":"38.2\/52\/38.2-5207.2","metadata":false},{"id":61536,"structure_id":15692,"section_number":"38.2-5208","catch_line":"Right to return; free look provision","url":"\/38.2-5208\/","token":"38.2\/52\/38.2-5208","metadata":false},{"id":65391,"structure_id":15692,"section_number":"38.2-5209","catch_line":"Incontestability","url":"\/38.2-5209\/","token":"38.2\/52\/38.2-5209","metadata":false},{"id":74733,"structure_id":15692,"section_number":"38.2-5210","catch_line":"Nonforfeiture benefit","url":"\/38.2-5210\/","token":"38.2\/52\/38.2-5210","metadata":false}],"previous_section":{"id":61118,"structure_id":15692,"section_number":"38.2-5206.1","catch_line":"Rate increases; notice requirements","url":"\/38.2-5206.1\/","token":"38.2\/52\/38.2-5206.1","metadata":false},"next_section":{"id":86980,"structure_id":15692,"section_number":"38.2-5207.1","catch_line":"Disclosure; life insurance policies","url":"\/38.2-5207.1\/","token":"38.2\/52\/38.2-5207.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-5207\/","history_text":"

This law was first created in 1987. The record of its establishment is cataloged in chapter 586 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1987 \u201cActs\u201d aren\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1990, chapter 285; in 2000, chapter 559<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":217811,"object_type":"law","relational_id":78975,"identifier":"38.2-5207","token":"38.2\/52\/38.2-5207","url":"\/38.2-5207\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-5207\/","token":"38.2\/52\/38.2-5207","dublin_core":{"Title":"Disclosure","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-5207","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

In order<\/span> to provide for fair disclosure in the sale of long-term care insurance<\/span> policies:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> An outline of coverage shall be delivered to an applicant<\/span> for an individual long-term care insurance<\/span> policy<\/span> at the time of application for an individual policy<\/span>. In the case of direct response solicitation, the insurer<\/span> shall deliver the outline of coverage upon the applicant<\/span>’s request, but regardless of request shall make such delivery no later than at the time of policy<\/span> delivery. The Commission<\/span> shall prescribe a standard format, including style, arrangement, and overall appearance<\/span>, and the content of an outline of coverage. In the case of agent solicitations, an agent shall deliver the outline of coverage prior to the presentation of an application or enrollment form. In the case of direct response solicitations, the outline of coverage shall be presented in conjunction with any application or enrollment form.\n\t\t\tSuch outline of coverage shall include:\n\t\t\ta. A description of the principal benefits and coverage provided in the policy<\/span>;\n\t\t\tb. A statement of the exclusions, reductions and limitations contained in the policy<\/span>;\n\t\t\tc. A statement of the renewal provisions, including any reservation in the policy<\/span> of a right to change premiums. Continuation or conversion provisions of group coverage shall be specifically described;\n\t\t\td. A statement that the outline of coverage is a summary of the policy<\/span> issued or applied for and that the policy<\/span> should be consulted to determine governing contractual provisions;\n\t\t\te. A description of the terms under which the policy<\/span> may be returned and premium refunded; and\n\t\t\tf. A brief<\/span> description of the relationship of cost of care and benefits. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A certificate<\/span> delivered or issued for delivery in this Commonwealth shall include:\n\t\t\ta. A description of the principal benefits and coverage provided in the policy<\/span>;\n\t\t\tb. A statement of the exclusions, reductions and limitations contained in the policy<\/span>; and\n\t\t\tc. A statement that the group master policy<\/span> should be consulted to determine governing contractual provisions. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The Commission<\/span> shall adopt and publish a Long-Term Care Insurance<\/span> Consumer Guide. After adoption and publication by the Commission<\/span>, a copy of the Consumer Guide shall be provided at the time of delivery of the policy<\/span> or certificate<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> No long-term care insurance<\/span> policy or certificate<\/span> shall be marketed as a qualified long-term care insurance<\/span> policy<\/span> or federally tax-qualified long-term care insurance<\/span> contract<\/span> unless the policy or contract contains a statement prominently disclosing that such policy or certificate<\/span> is a qualified long-term care insurance<\/span> policy<\/span> or federally tax-qualified long-term care insurance<\/span> contract<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISCLOSURE (\u00a7 38.2-5207)\n\nIn order to provide for fair disclosure in the sale of long-term care insurance\npolicies:\n\n1. An outline of coverage shall be delivered to an applicant for an individual\nlong-term care insurance policy at the time of application for an individual\npolicy. In the case of direct response solicitation, the insurer shall deliver\nthe outline of coverage upon the applicant’s request, but regardless of\nrequest shall make such delivery no later than at the time of policy delivery.\nThe Commission shall prescribe a standard format, including style, arrangement,\nand overall appearance, and the content of an outline of coverage. In the case\nof agent solicitations, an agent shall deliver the outline of coverage prior to\nthe presentation of an application or enrollment form. In the case of direct\nresponse solicitations, the outline of coverage shall be presented in\nconjunction with any application or enrollment form.\n\t\t\tSuch outline of coverage shall include:\n\t\t\ta. A description of the principal benefits and coverage provided in the\npolicy;\n\t\t\tb. A statement of the exclusions, reductions and limitations contained in the\npolicy;\n\t\t\tc. A statement of the renewal provisions, including any reservation in the\npolicy of a right to change premiums. Continuation or conversion provisions of\ngroup coverage shall be specifically described;\n\t\t\td. A statement that the outline of coverage is a summary of the policy issued\nor applied for and that the policy should be consulted to determine governing\ncontractual provisions;\n\t\t\te. A description of the terms under which the policy may be returned and\npremium refunded; and\n\t\t\tf. A brief description of the relationship of cost of care and benefits.\n\n2. A certificate delivered or issued for delivery in this Commonwealth shall\ninclude:\n\t\t\ta. A description of the principal benefits and coverage provided in the\npolicy;\n\t\t\tb. A statement of the exclusions, reductions and limitations contained in the\npolicy; and\n\t\t\tc. A statement that the group master policy should be consulted to determine\ngoverning contractual provisions.\n\n3. The Commission shall adopt and publish a Long-Term Care Insurance Consumer\nGuide. After adoption and publication by the Commission, a copy of the Consumer\nGuide shall be provided at the time of delivery of the policy or certificate.\n\n4. No long-term care insurance policy or certificate shall be marketed as a\nqualified long-term care insurance policy or federally tax-qualified long-term\ncare insurance contract unless the policy or contract contains a statement\nprominently disclosing that such policy or certificate is a qualified long-term\ncare insurance policy or federally tax-qualified long-term care insurance\ncontract.\n\nHISTORY: 1987, c. 586; 1990, c. 285; 2000, c. 559.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}