2006 Utah Code - 31A-22-1407 — Restricted conditional terms.

     31A-22-1407.   Restricted conditional terms.
     (1) A long-term care insurance policy may not contain a provision that conditions eligibility:
     (a) for any benefits on a prior hospitalization requirement;
     (b) for benefits provided in an institutional care setting on the receipt of a higher level of institutional care; or
     (c) for any benefits on a prior institutionalization requirement except for eligibility for:
     (i) waiver of premium;
     (ii) post confinement;
     (iii) post-acute care; or
     (iv) recuperative benefits.
     (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) 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

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