No policy may be delivered or issued for delivery in this state as long-term care insurance if the policy limits or excludes coverage by type of illness, treatment, medical condition, or accident, except as to the following:
- (a) Preexisting conditions or diseases.
- (b) Alcoholism and drug addiction.
(c) Illness, treatment, or a medical condition arising out of any of the following:
- (1) War or act of war, whether declared or undeclared.
- (2) Participation in a felony, riot, or insurrection.
- (3) Service in the Armed Forces or units auxiliary thereto.
- (4) Suicide, whether or not the person had mental capacity to control what he or she was doing, attempted suicide, or intentionally self-inflicted injury.
- (5) Aviation in the capacity of a non-fare-paying passenger.
- (d) Treatment provided in a government facility, unless otherwise required by law, services for which benefits are available under Medicare or other governmental programs (except Medi-Cal or medicaid), state or federal workers’ compensation, employer’s liability or occupational disease law, or a motor vehicle no fault law, services provided by a member of the covered person’s immediate family, and services for which no charge is normally made in the absence of insurance.
- (e) This section does not prohibit exclusions and limitations by type of provider or territorial limitations.