1. (a)

   1. (1) In this section, “home health care services” means medical or nonmedical services provided to ill, disabled, or infirm individuals in their residences.

   2. (2) “Home health care services” includes:

      1. (i) homemaker services;
      2. (ii) assistance with activities of daily living; and
      3. (iii) respite care services.

2. (b) A policy or certificate of long-term care insurance that provides benefits for home health care services may not limit or exclude benefits by:

   1. (1) requiring that the insured would need care in a nursing facility if home health care services were not provided;
   2. (2) requiring that the insured first or simultaneously receive nursing or therapeutic services at home or in a community setting before home health care services are covered.
   3. (3) limiting eligible services provided by registered nurses or licensed practical nurses;
   4. (4) requiring that a nurse or therapist provide services covered by the policy or certificate of long-term care insurance that can be provided by a home health aide or other licensed or certified home care worker who acts within the scope of licensure or certification;
   5. (5) requiring that the insured have an acute condition before home health care services are covered; or
   6. (6) limiting benefits to services provided by Medicare-certified agencies or providers.
3. (c) Coverage for home health care services may be applied to the coverage for other benefits provided in the policy or certificate of long-term care insurance when determining maximum coverage under the terms of the policy or certificate.

Added by Acts 1997, c. 35, § 2, eff. Oct. 1, 1997.

Formerly Art. 48A, §§ 642, 645.