[§431:10H-203] Limitations and exclusions. (a) A policy may not be delivered or issued for delivery in this State as long-term care insurance if the policy limits or excludes coverage by type of illness, treatment, medical condition or accident, except as follows:

(1) Preexisting conditions or diseases;

(2) Mental or nervous disorders; however, this shall not permit exclusion or limitation of benefits on the basis of Alzheimer's disease;

(3) Alcoholism and drug addiction;

(4) Illness, treatment, or medical condition arising out of:

(A) War or act of war, whether declared or undeclared;

(B) Participation in a felony, riot, or insurrection;

(D) Suicide (sane or insane), attempted suicide, or intentionally self-inflicted injury; or

(E) Aviation (this exclusion applies only to non-fare-paying passengers); or

(5) Treatment provided in a government facility (unless required by law), services for which benefits are available under medicare or other governmental program (except medicaid) any state or federal workers' compensation, employer's liability or occupational disease law, or any motor vehicle insurance law, services provided by a member of the covered person's immediate family and services for which no charge is normally made in the absence of insurance.

(b) This section is not intended to prohibit exclusions and limitations by type of provider or territorial limitations. [L 1999, c 93, pt of §2]