[§431:10A-525.5] Prior hospitalization; prior institutionalization. (a) [Section repealed on July 1, 2000. L 1999, c 93, §§8,18.] 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 contain a clear label, in a separate paragraph of the policy or certificate, entitled "limitations or conditions on eligibility for benefits," setting forth the limitations or conditions as set forth in subsection (a), including any required number of days of confinement.
(c) A long-term care insurance policy or rider that conditions eligibility of noninstitutional benefits on the prior receipt of institutional care shall not require a prior institutional stay of more than thirty days. [L 1991, c 48, §2]