State Codes and Statutes
Statutes > Virginia > Title-38-2 > Chapter-52 > 38-2-5205§ 38.2-5205. Prior institutionalization.
A. No long-term care insurance policy may be delivered or issued for deliveryin this Commonwealth if such policy conditions eligibility (i) for anybenefits provided in an institutional care setting on the receipt of a higherlevel of institutional care or (ii) for any benefits on a priorhospitalization requirement.
B. A long-term care insurance policy containing any limitations or conditionsfor eligibility other than those prohibited in subsection A shall clearlylabel such limitations or conditions, including any required number of daysof confinement, in a separate paragraph of the policy or certificate entitled"Limitations or Conditions on Eligibility for Benefits."
C. A long-term care insurance policy containing a benefit advertised,marketed or offered as a home health care or home care benefit may notcondition receipt of benefits on a prior institutionalization requirement.
D. A long-term care insurance policy which conditions eligibility ofnoninstitutional benefits on the prior receipt of institutional care shallnot require a prior institutional stay of more than thirty days for whichbenefits are paid.
(1987, c. 586; 1990, c. 285.)
