§431:10H-109 - Prior hospitalization; prior institutionalization. - Hawaii Statutes

     [§431:10H-109]  Prior hospitalization; prior institutionalization.  (a)  No long-term care insurance policy may be delivered or issued for delivery in this State if the policy:

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

     (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 any benefits other than waiver of premium, post-confinement, post-acute care, or recuperative benefits on a prior institutionalization requirement.

     (b)  A long-term care insurance policy containing post-confinement, post-acute care, or recuperative benefits shall clearly label, in a separate paragraph of the policy or certificate, entitled "Limitations or Conditions on Eligibility for Benefits", such limitations or conditions including any required number of days of confinement.

     (c)  A long-term care insurance policy that conditions eligibility of non-institutional benefits on the prior receipt of institutional care shall not require a prior institutional stay of more than thirty days. [L 1999, c 93, pt of §2]