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core standards for individual long term care insurance policies

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Date: 7/13/10<br />

Under review by the Product Standards Committee<br />

Higlighted changes are those added since the 7/6 draft.<br />

appropriate licensing agency. A nursing facility may be a freestanding facility, including the<br />

following:<br />

(i)<br />

Nursing facility;<br />

Formatted: Indent: Left: 72 pt<br />

(ii)<br />

(iii)<br />

(iv)<br />

(v)<br />

Skilled nursing home;<br />

In<strong>term</strong>ediate nursing <strong>care</strong> home;<br />

Assisted living facility; or<br />

Residential health <strong>care</strong> facility.<br />

Formatted: Font: Italic<br />

(o)<br />

(p)<br />

(q)<br />

(r)<br />

(s)<br />

“Personal <strong>care</strong>” means the provision of hands-on services to assist an <strong>individual</strong> with activities of<br />

daily living.<br />

“Qualified <strong>long</strong>-<strong>term</strong> <strong>care</strong> services” means services that meet the requirements of § 7702(c)(1) of the<br />

Internal Revenue Code of 1986, as amended, as follows: necessary diagnostic, preventive, therapeutic,<br />

curative, treatment, mitigation and rehabilitative services, and maintenance or personal <strong>care</strong> services<br />

which are required by a chronically ill <strong>individual</strong>, and are provided pursuant to a plan of <strong>care</strong><br />

prescribed by a licensed health <strong>care</strong> practitioner.<br />

“Skilled nursing <strong>care</strong>,” “personal <strong>care</strong>,” “home <strong>care</strong>,” “specialized <strong>care</strong>,” “assisted living <strong>care</strong>” and<br />

other services shall be defined in relation to the level of skill required, the nature of the <strong>care</strong> and the<br />

setting in which <strong>care</strong> shall be delivered.<br />

“Toileting” means getting to and from the toilet, getting on and off the toilet, and per<strong>for</strong>ming<br />

associated personal hygiene.<br />

“Transferring” means moving into or out of a bed, chair or wheelchair.<br />

(2) All providers of services, including but not limited to “adult day <strong>care</strong>,” “skilled nursing facility,” “extended<br />

<strong>care</strong> facility,” “convalescent nursing home,” “personal <strong>care</strong> facility,” “specialized <strong>care</strong> providers,” “assisted<br />

living,” and “home <strong>care</strong> agency” shall be defined in relation to the services and facilities required to be<br />

available and the licensure, certification, registration or degree status of those providing or supervising the<br />

services in the state where the policy was issued. When the definition requires that the provider be<br />

appropriately licensed, certified or registered, it shall also state what requirements a provider shall meet in<br />

lieu of licensure, certification or registration when the state in which the service is to be furnished does not<br />

require a provider of such services to be licensed, certified or registered, or if the state licenses, certifies or<br />

registers the provider of services under another name.<br />

Deleted: t<br />

Formatted: Indent: Left: 0 pt<br />

J. DEPENDENT AND FAMILY MEMBER COVERAGE<br />

(1) The policy may provide coverage <strong>for</strong> dependents and family members. If the policy provides such<br />

coverage:<br />

(a)<br />

(b)<br />

The policy shall comply with the applicable state law where the policy is delivered or issued <strong>for</strong><br />

delivery, with respect to the coverage and benefits available to a person who is in a legallysanctioned<br />

domestic partnership or civil union and to their families, or available to a person who is<br />

in a legally-sanctioned marriage with the insured and to their families; and<br />

Nothing in this provision shall be construed as requiring a company to provide coverage or<br />

benefits to any person who is in a domestic partnership, civil union, or marriage or to their<br />

families in a state where such relationships are not legally recognized.<br />

© IIPRC 2010 12

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