PART II. 
LONG-TERM CARE INSURANCE MODEL REGULATION



 



§431:10H-201  Policy definitions.  (a) 
No long-term care insurance policy delivered or issued for delivery in this
State shall use the terms set forth in this section, unless the terms are
defined in the policy and the definitions satisfy the following requirements:



"Activities of daily living" means at
least bathing, continence, dressing, eating, toileting, and transferring.



"Acute condition" means that the
individual is medically unstable.  This individual requires frequent monitoring
by medical professionals such as physicians and registered nurses, in order to
maintain the individual's health status.



"Adult day care" means a program for
six or more individuals, of social and health-related services provided during
the day in a community group setting for the purpose of supporting frail,
impaired elderly or other disabled adults who can benefit from care in a group
setting outside the home.



"Bathing" means washing oneself by
sponge bath, or in either a tub or shower, including the task of getting into
or out of the tub or shower.



"Cognitive impairment" means a
deficiency in a person's short- or long-term memory, orientation as to person,
place, and time, deductive or abstract reasoning, or judgment as it relates to
safety awareness.



"Continence" means the ability to
maintain control of bowel and bladder function, or when unable to maintain
control of bowel or bladder function, the ability to perform associated
personal hygiene (including caring for catheter or colostomy bag).



"Dressing" means putting on and
taking off all items of clothing and any necessary braces, fasteners, or
artificial limbs.



"Eating" means feeding oneself by
getting food into the body from a receptacle (such as a plate, cup, or table)
or by a feeding tube or intravenously.



"Hands-on assistance" means physical
assistance (minimal, moderate, or maximal) without which the individual would
not be able to perform the activity of daily living.



"Home health care services" means medical
and nonmedical services, provided to ill, disabled, or infirm persons in their
residences.  These services may include homemaker services, assistance with
activities of daily living, and respite care services.



"Medicare" shall be defined as
"The Health Insurance for the Aged Act, Title XVIII of the Social Security
Amendments of 1965 as Then Constituted or Later Amended", or Title I,
Part I of Public Law 89-97, as Enacted by the Eighty-Ninth Congress of the
United States of America and popularly known as the Health Insurance for the
Aged Act, as then constituted and any later amendments or substitutes thereof,
or words of similar import.



"Mental or nervous disorder" means
neurosis, psychoneurosis, psychopathy, psychosis, or mental or emotional
disease or disorder, and shall not be defined beyond these terms.



"Personal care" means the provision
of hands-on services to assist an individual with activities of daily living.



"Skilled nursing care",
"personal care", "home care", "specialized care",
"assisted living care", and other services shall be defined in
relation to the level of skill required, the nature of the care, and the
setting in which care must be delivered.



"Toileting" means getting to and from
the toilet, getting on and off the toilet, and performing associated personal
hygiene.



"Transferring" means moving into or
out of a bed, chair, or wheelchair.



(b)  All providers of services, including but
not limited to a "skilled nursing facility", "extended care
facility", "convalescent nursing home", "personal care
facility", "assisted living facility", "home care
agency", and "specialized care providers" shall be defined in
relation to the services and facilities required to be available and the licensure,
certification, registration, or degree status of those providing or supervising
the services.  The definition may require that the provider be appropriately
licensed, certified, or registered; provided that when the definition so
requires, it shall also state what requirements a provider shall meet in lieu
of licensure, certification, or registration when the state in which the
service is to be furnished does not require a provider of these services to be
licensed, certified, or registered, or when the state licenses, certifies, or
registers the provider of services under another name. [L 1999, c 93, pt of §2;
am L 2007, c 233, §10]