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LegalText 5 U.S.C. § 9002 Availability of insurance us united_states_code code_section 5 GOVERNMENT ORGANIZATION AND EMPLOYEES 90 LONG-TERM CARE INSURANCE 9002 5 U.S.C. § 9002 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip /us/usc/t5/s9002 data/legal/raw/us/code/title-05/usc05.xml 32ae63031e109e29dc0be20d1c07c1d776ff8d27aafaa99fe13f20a0a3d2c316 719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540 e10651e54be498eeeb90f92d509c2c253aa2ea0196070d5b2d67f3a9c4d15a4d 2026-07-04 official
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5 U.S.C. § 9002 - Availability of insurance

Text

(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) Discretionary Authority Regarding Nonappropriated Fund Instrumentalities.— The Secretary of Defense may determine that a nonappropriated fund instrumentality of the Department of Defense is covered under this chapter or is covered under an alternative long-term care insurance program.

(c) 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.

(d) Documentation Requirement.— As a condition for obtaining long-term care insurance coverage under this chapter based on ones status as a qualified relative, an applicant shall provide documentation to demonstrate the relationship, as prescribed by the Office.

(e) 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 individuals 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.

(f) 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. 106265, title I, § 1002(a), Sept. 19, 2000, 114 Stat. 764; amended Pub. L. 107314, div. A, title XI, § 1101(b), Dec. 2, 2002, 116 Stat. 2660.)

Notes

Editorial Notes

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

Amendments2002—Subsecs. (b) to (f). Pub. L. 107314 added subsec. (b) and redesignated former subsecs. (b) to (e) as (c) to (f), respectively.