Sec. 10.6. (a) A long term care insurance policy may not be delivered or issued for delivery in Indiana if the policy:

(1) conditions eligibility for any benefits on a prior hospitalization requirement;

Terms Used In Indiana Code 27-8-12-10.6

  • insurance policy: means any policy, contract, subscriber agreement, rider, or endorsement delivered or issued for delivery in Indiana by an insurer, a fraternal benefit society, a nonprofit corporation, a health maintenance organization (as defined in IC 27-13-1-19), a limited service health maintenance organization (as defined in IC 27-13-34-4), a preferred provider arrangement, or any other organization. See Indiana Code 27-8-12-4
  • long term care insurance policy: means an insurance policy providing coverage for at least twelve (12) consecutive months for each covered person on an expense incurred, indemnity, prepaid, or other basis for one (1) or more necessary diagnostic, preventive, therapeutic, rehabilitative, maintenance, or personal care services provided in a setting other than an acute care wing of a hospital. See Indiana Code 27-8-12-5
(2) conditions eligibility for benefits provided in an institutional care setting on the receipt of a higher level of institutional care; or

(3) conditions eligibility for a benefit other than:

(A) a waiver of premium;

(B) postconfinement;

(C) postacute care; or

(D) recuperative benefits;

on a prior institutionalization requirement.

     (b) A long term care insurance policy containing a postconfinement, postacute, or recuperative benefit must clearly label in a separate paragraph of the policy a statement entitled “limitations or conditions on eligibility for benefits”. Under the statement, the policy must outline any limitations or conditions for benefits.

     (c) A long term care insurance policy or rider that conditions eligibility of noninstitutional benefits on the prior receipt of institutional care must not require a prior institutional stay of more than thirty (30) days.

     (d) A long term care insurance policy or rider that provides benefits only following institutionalization may not condition such benefits upon admission to a facility for the same or related conditions within a period of less than thirty (30) days after discharge from the institution.

As added by P.L.114-1991, SEC.13.