58-17B-7. Requirements for long-term care insurance policies--Post-confinement, post-acute care, or recuperative benefits.
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/sd/title-58/chapter-58-17/58-17b-7·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.
Post - confinement, post - acute care, or recuperative benefits do not include home health care, adult day care, or any other benefit based on treatment or services received.
A long - term care insurance policy, continuing post - confinement, post - acute care, or recuperative benefits, shall clearly label, in a separate paragraph of the policy or certificate entitled "Limitations or Conditions on Eligibility for Benefits," such limitations or conditions, including any required number of days of confinement.
A long - term care insurance policy or rider which conditions eligibility of non - institutional benefits on the prior receipt of institutional care may not require a prior institutional stay of more than thirty days, except waiver of premium which may not require a prior institutional stay of more than ninety days.