Sec. 10. (a) As used in this section, "preexisting condition" means the existence of:
(1) either:
(A) symptoms that would cause an ordinarily prudent person to seek diagnosis, care, or treatment; or
(B) a condition for which medical advice or treatment was recommended by, or received from, a provider of health care services; within
(2) a period not to exceed either:
(A) twelve (12) months preceding the effective date of coverage of an insured person who is sixty-five (65) years of age or older on the effective date of coverage; or
(B) twenty-four (24) months preceding the effective date of coverage of an insured person who is less than sixty-five (65) years of age on the effective date of coverage.
(b) A long term care insurance policy may exclude coverage for a loss or confinement that is the result of a preexisting condition only if that loss or confinement begins within:
(1) twelve (12) months following the effective date of coverage of an insured person who is sixty-five (65) years of age or older on the effective date of coverage; or
(2) twenty-four (24) months following the effective date of coverage of an insured person who is under sixty-five (65) years of age on the effective date of coverage.
(c) The insurance commissioner may extend the limitation periods set forth in subsections (a)(2)(A), (a)(2)(B), and (b), concerning specific age group categories in specific policies upon a finding that the extension is in the best interest of the public.
As added by P.L.275-1987, SEC.1.
Structure Indiana Code
Article 8. Life, Accident, and Health
Chapter 12. Long Term Care Insurance
27-8-12-1. "Applicant" Defined
27-8-12-2. "Certificate" Defined
27-8-12-3. "Certificate Holder" Defined
27-8-12-4. "Insurance Policy" Defined
27-8-12-4.5. "Long Term Care Facility" Defined
27-8-12-5. "Long Term Care Insurance Policy" Defined
27-8-12-6. Compliance With Statutory Requirements
27-8-12-7.1. Qualification of Long Term Care Policies; Rules
27-8-12-8. Loss Ratio Standards Rule
27-8-12-9. Termination of Policy on Grounds of Age or Deteriorated Health
27-8-12-10. "Preexisting Condition" Defined; Exclusion of Coverage; Limitations
27-8-12-10.6. Conditions on Eligibility for Benefits; Restrictions
27-8-12-11. Establishment of New Waiting Period
27-8-12-12. No Obligation Return Period; Notice
27-8-12-13. Direct Response Solicitation Issued Policies; No Obligation Return Period; Notice
27-8-12-14. Outline of Coverage; Contents
27-8-12-14.5. Policy Summary; Requirements
27-8-12-15. Group Policy Certificate; Contents
27-8-12-16. Application of General Insurance Law
27-8-12-17. Group Policies Issued in Another State; Requirements