PART III. FEDERAL CONFORMITY

 

[§431:10H-301]  Group long-term careinsurance policies conformance to Health Insurance Portability andAccountability Act and Internal Revenue Code.  (a)  Every group long-termcare insurance policy sold after June 30, 2000, may conform to Subtitle C ofthe 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, asamended; provided that if it does not conform, then it shall not qualify forfederal or state income tax benefits.

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

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

(1)  Home health care services, as defined in section431:10H-201;

(2)  Adult day care, as defined in section431:10H-201;

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

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

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

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

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

(8)  Assisted living facility, as defined in section323D-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 thecommissioner. [L 1999, c 93, pt of §2]