[§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]