A policy shall not be advertised, described, solicited, delivered or issued for delivery in this state as long-term care insurance if the policy, contract or rider limits or excludes coverage by type of illness, treatment, medical condition or accident, except for the following:
- (a) Mental or nervous disorders without demonstrable organic disease. This provision shall not exclude coverage for loss which results from organic brain disease, including alzheimer's disease or senile dementia;
- (b) alcoholism and drug addiction;
(c) illness, treatment, medical condition or accident arising from:
- (1) Participation in a felony, riot or insurrection;
- (2) suicide, attempted suicide, or intentionally self-inflicted injury, whether sane or insane;
- (3) aviation; or
- (4) war or act of war, whether declared or undeclared;
- (d) benefits provided under medicare or governmental programs other than medicaid, any state or federal workers' compensation or employer's liability or occupational disease law;
- (e) services performed by a member of the covered person's immediate family; and
- (f) services for which no charge is normally made in the absence of insurance.
(Authorized by K.S.A. 40-103, K.S.A. 1991 Supp. 40-2228; implementing K.S.A. 1991 Supp. 40-2228; effective Jan. 4, 1993.)