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VIRGINIA STATUTES AND CODES

38.2-5203 - Prohibited provisions.

§ 38.2-5203. Prohibited provisions.

No long-term care insurance policy may:

1. Be cancelled, nonrenewed, or otherwise terminated on the grounds of theage or the deterioration of the mental or physical health of the insuredindividual or certificateholder;

2. Contain a provision establishing any new waiting period in the eventexisting coverage is converted to or replaced by a new or other form withinthe same company, except with respect to an increase in benefits voluntarilyselected by the insured individual or group policyholder;

3. Provide coverage for skilled nursing care only or provide significantlymore coverage for skilled care in a facility than coverage for lower levelsof care;

4. Be issued based on medical or health status when the policy is issued byan agent or third-party administrator pursuant to the underwriting authoritygranted to the agent or third-party administrator by the insurer; or

5. Provide that an insurer who has paid benefits under a long-term careinsurance policy or certificate may recover the benefit payments in the eventthat the policy or certificate is rescinded.

(1987, c. 586; 1990, c. 285; 2000, c. 559.)

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