2010 Minnesota Code
Chapters 59A - 79A Insurance
Chapter 62S Qualified Long-term Care Insurance Policies
Section 62S.06 Prior Hospitalization or Institutionalization

62S.06 PRIOR HOSPITALIZATION OR INSTITUTIONALIZATION.

Subdivision 1.Prohibited conditions.

A long-term care insurance policy may not be delivered or issued for delivery in this state if the policy conditions eligibility for any benefits:

(1) on a prior hospitalization requirement;

(2) provided in an institutional care setting on the receipt of a higher level of institutional care; or

(3) other than waiver of premium, postconfinement, postacute care, or recuperative benefits on a prior institutionalization requirement.

Subd. 2.Benefit labeling.

A long-term care insurance policy containing postconfinement, postacute care, or recuperative benefits must clearly label in a separate paragraph of the policy or certificate entitled "limitations or conditions on eligibility for benefits" the limitations or conditions, including any required number of days of confinement.

Subd. 3.Benefit conditions.

(a) 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.

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

History:

1997 c 71 art 1 s 6