(a) The form contains none or one or more of the following exclusions and restrictions:
- (1) War, declared or undeclared, or an act of war, whether or not serving in the military forces or a civilian noncombatant unit serving with the forces.
- (2) Active duty as a member of the armed forces of any nation.
- (3) Committing an assault or felony, whether sane or insane.
- (4) Participating in a riot or insurrection.
- (5) A fight in which the insured is a voluntary participant.
- (6) Suicide or attempted suicide, whether sane or insane.
- (7) Intentionally self-inflicted injury, whether sane or insane.
- (8) Engaging in an illegal occupation.
- (9) Travel or flight in an aircraft or spacecraft or descent from such a craft while in flight, or subsequent drowning, if the insured is a pilot, officer or crew member of the craft; is giving or receiving aviation training or instruction; has any duties on or relating to the craft; or is being flown for the purpose of descent from the craft while in flight.
- (10) Voluntary taking or injection of drugs, unless prescribed or administered by a licensed physician. The wording ‘‘taken as prescribed’’ or ‘‘taken in the manner prescribed’’ is not present.
- (11) Voluntary taking or injection of drugs, whether legal or illegal, unless prescribed or administered by a licensed physician. The wording ‘‘taken as prescribed’’ or ‘‘taken in the manner prescribed’’ is not present.
- (12) The voluntary taking of any drugs prescribed for the insured by a licensed physician and intentionally not taken as prescribed.
- (13) The voluntary taking of any drugs, whether legal or illegal, prescribed for the insured by a licensed physician and intentionally not taken as prescribed.
- (14) Sensitivity to drugs voluntarily taken, unless prescribed by a physician.
- (15) Sensitivity to drugs, whether legal or illegal, voluntarily taken, unless prescribed by a physician.
- (16) Drug addiction, unless addiction results from the voluntary taking of drugs prescribed or administered by a licensed physician or from the involuntary taking of drugs.
- (17) Drug addiction, unless addiction results from the voluntary taking of drugs, whether legal or illegal, prescribed or administered by a licensed physician or from the involuntary taking of drugs, whether legal or illegal.
- (18) Alcoholism treatment.
- (19) Chronic alcoholism.
- (20) Loss resulting directly or indirectly from the voluntary taking of alcohol alone or in combination with a drug, medication or sedative when this action results in legal intoxication as defined by Pennsylvania law. The insurer provides a certification that the Pennsylvania legal definition for intoxication will be used if the form does not refer to ‘‘intoxication as defined by Pennsylvania law.’’
- (21) Care or confinement prescribed for convenience only.
- (22) Care or confinement prescribed for custodial purpose only.
- (23) Care or confinement prescribed for rest cures.
- (24) Benefit payment denial if services are provided by a health care facility operated by a member of the insured’s immediate family.
- (25) Benefit payment denial if services are provided by a health care facility which does not maintain at least a daily record for each patient.
- (26) Mental, nervous, emotional or personality disorder without demonstrable organic disease, including, but not limited to, neurosis, psychoneurosis, psychopathy or psychosis.
- (27) Services provided outside either the United States or the United States or Canada.
- (28) Reimbursement for services covered by Medicare or another government program.
(b) The form contains none of the following exclusions and restrictions:
- (1) Riot or insurrection.
- (2) Gunshot or pistol wound, unless unintentionally caused by someone else.
- (3) Gunshot or pistol wound, unless intentionally or unintentionally caused by someone else.
- (4) Travel in any kind of military aircraft or seacraft or aircraft or seacraft operated for the armed forces.
- (5) Air travel.
- (6) Air travel except as a fare paying passenger on a regularly scheduled commercial airline.
- (7) Illegal drug use.
- (8) Drug addiction.
- (9) Involuntary taking of drugs or poison.
- (10) Voluntary taking of drugs or poison.
- (11) Preexisting conditions.
- (12) Requirement that the form be in force for a specific period of time prior to eligibility for coverage.
- (13) Alzheimer’s Disease or another disorder with a demonstrable organic origin.
- (14) Benefit payment denial due to the insured’s financial resources, income or need.
- (15) Benefit payment denial if there is not a reasonable expectation that a significant improvement will occur in the insured’s condition.
- (16) Benefit payment denial if services are provided by a health care facility for the insured less often than on a daily basis.
- (17) Benefit payment denial if services are not provided in the least costly setting.
- (18) Benefit payment denial if the health care facility does not accommodate a minimum number of persons.
- (19) Benefit payment denial if reimbursement for services is provided by another insurer.
- (20) Other exclusions or restrictions that are unfair or unduly restrictive.
Cross References
This section cited in 31 Pa. Code § 90h.3 (relating to benefit provisions).