1. (1) A long-term care insurance policy may not contain a provision that conditions eligibility:

   1. (a) for any benefits on a prior hospitalization requirement;
   2. (b) for benefits provided in an institutional care setting on the receipt of a higher level of institutional care; or

   3. (c) for any benefits on a prior institutionalization requirement except for eligibility for:

      1. (i) waiver of premium;
      2. (ii) post confinement;
      3. (iii) post-acute care; or
      4. (iv) recuperative benefits.
2. (2) A long-term care insurance policy containing post confinement, post-acute care, or recuperative benefits shall clearly label the limitations or conditions, including any required number of days of confinement in a separate paragraph of the policy or certificate that is entitled "Limitations or Conditions on Eligibility for Benefits."
3. (3) A long-term care insurance policy or rider that conditions eligibility of noninstitutional benefits on the prior receipt of institutional care may not require a prior institutional stay of more than 30 days.

Amended by Chapter 116, 2001 General Session