58-17B-16. Temporary absence from nursing home or assisted living facility--Effect on benefits for long-term care charges and other requirements--Application.
If an insured is receiving benefits for long-term care services in a nursing home or assisted living facility under a long-term care policy or certificate subject to this chapter, and temporarily leaves the nursing home or assisted living facility for a period not to exceed fourteen days annually, the insurer may not reduce or limit benefits for long-term care charges incurred by the insured during that temporary absence unless otherwise provided in the policy or certificate. The insurer may not consider that absence in determining whether the insured qualifies or continues to qualify for a waiver of premium or other policy or certificate benefits or eligibility requirements. This section applies to all policies or certificates that are issued after June30, 2005.
Source: SL 2005, ch 268, ยง1.
Structure South Dakota Codified Laws
Chapter 17B - Standards For Long-Term Care Insurance
Section 58-17B-2 - Definition of terms.
Section 58-17B-3 - Minimum requirements for individual policy.
Section 58-17B-4 - Adoption of rules--Standards for disclosure.
Section 58-17B-5 - Grounds for termination and certain provisions prohibited.
Section 58-17B-5.1 - Replacement of policy--Waiver of time periods.
Section 58-17B-8 - Adoption of rules to establish loss ratio standards.
Section 58-17B-9 - Policyholder's right to return--Notice.
Section 58-17B-10 - Delivery of outline of coverage--Contents.
Section 58-17B-11 - Contents of certificate.
Section 58-17B-12 - Compliance with chapter prerequisite to advertisement, marketing, offer.
Section 58-17B-13 - Endorsement required--Cost-of-living adjustment not required.
Section 58-17B-13.1 - Establishment of standards and requirements for cost-of-living adjustment.