[§431:10H-108]  Preexistingconditions--group and individual policies.  (a)  No long-term careinsurance policy or certificate other than a policy or certificate thereunderissued to a group as defined in paragraph (1) of the definition of "grouplong-term care insurance" in section 431:10H-104 shall use a definition of"preexisting condition" which is more restrictive than thefollowing:  "Preexisting condition" means a condition for whichmedical advice or treatment was recommended by, or received from a provider ofhealth care services within six months preceding the effective date of coverageof an insured person.

(b)  No long-term care insurance policy orcertificate other than a policy or certificate thereunder issued to a group asdefined in paragraph (1) of the definition of "group long-term careinsurance" in section 431:10H-104 may exclude coverage for a loss orconfinement which is the result of a preexisting condition unless the loss orconfinement begins within six months following the effective date of coverageof an insured person.

(c)  The commissioner may extend the limitationperiods in subsections (a) and (b) as to specific age group categories inspecific policy forms upon findings that the extension is in the best interestof the public.

(d)  The definition of "preexistingcondition" does not prohibit an insurer from using an application formdesigned to elicit the complete health history of an applicant, and, on thebasis of the answers on that application, from underwriting in accordance withthat insurer's established underwriting standards.  Unless otherwise providedin the policy or certificate, a preexisting condition, regardless of whether itis disclosed on the application, need not be covered until the waiting perioddescribed in subsection (b) expires.  No long-term care insurance policy orcertificate may exclude or use waivers or riders of any kind to exclude, limit,or reduce coverage or benefits for specifically named or described preexistingdiseases or physical conditions beyond the waiting period described insubsection (b). [L 1999, c 93, pt of §2]