§431:10H-301 - Group long-term care insurance policies conformance to Health Insurance Portability and Accountability Act and Internal Revenue Code. - Hawaii Statutes

PART III.  FEDERAL CONFORMITY

 

     [§431:10H-301]  Group long-term care insurance policies conformance to Health Insurance Portability and Accountability Act and Internal Revenue Code.  (a)  Every group long-term care insurance policy sold after June 30, 2000, may conform to Subtitle C of the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended, and to Section 7702B of the Internal Revenue Code of 1986, as amended; provided that if it does not conform, then it shall not qualify for federal or state income tax benefits.

     (b)  A group long-term care insurance policy may provide coverage, at a minimum, for "qualified long-term care services", as defined in Subtitle C of the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended, and in Section 7702B of the Internal Revenue Code of 1986, as amended.

     (c)  For the purpose of subsection (b) and for the purpose of describing examples of services typically found in this State, coverage shall be one or more of the following services or any combination of services:

     (1)  Home health care services, as defined in section 431:10H-201;

     (2)  Adult day care, as defined in section 431:10H-201;

     (3)  Adult residential care home, as defined in section 321-15.1;

     (4)  Extended care adult residential care home, as defined in section 323D-2;

     (5)  Nursing home, as defined in section 457B-2;

     (6)  Skilled nursing facilities and intermediate care facilities, as referenced in section 321-11(10);

     (7)  Hospices, as referenced in section 321-11;

     (8)  Assisted living facility, as defined in section 323D-2;

     (9)  Personal care, as defined in section 431:10H-201;

    (10)  Respite care, as defined in section 333F-1; and

    (11)  Any other care as provided by rule of the commissioner. [L 1999, c 93, pt of §2]