Prior hospitalization; institutionalizations

215 ILCS 5/351A-6, under Long-Term Care Insurance.

215 ILCS 5/351A-6

(215 ILCS 5/351A-6) (from Ch. 73, par. 963A-6)

    Sec. 351A-6. Prior hospitalization; institutionalizations.

    (a) On and after the effective date of this amendatory Act of 1989, no long-term care insurance policy may be delivered or issued for delivery in this State if such policy:

        (1) conditions eligibility for any benefits on a     prior hospitalization requirement; or

        (2) conditions eligibility for benefits provided in     an institutional care setting on the receipt of a higher level of institutional care.     (b) Beginning one year after the effective date of this amendatory Act of 1989, a long-term care insurance policy containing any limitations or conditions for eligibility other than those prohibited above in subsection (a) 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.

        (1) A long-term care insurance policy containing a     benefit advertised, marketed or offered as a home health care or home care benefit may not condition receipt of benefits on a prior institutionalization requirement.

        (2) A long-term care insurance policy which     conditions eligibility of non-institutional benefits on the prior receipt of institutional care shall not require a prior institutional stay of more than 30 days for which benefits are paid. (Source: P.A. 85-1440; 86-384.)