§ 38.2-5203. Prohibited provisions
No long-term care insurance policy may:
1. Be cancelled, nonrenewed, or otherwise terminated on the grounds of the age or the deterioration of the mental or physical health of the insured individual or certificateholder;
2. Contain a provision establishing any new waiting period in the event existing coverage is converted to or replaced by a new or other form within the same company, except with respect to an increase in benefits voluntarily selected by the insured individual or group policyholder;
3. Provide coverage for skilled nursing care only or provide significantly more coverage for skilled care in a facility than coverage for lower levels of care;
4. Be issued based on medical or health status when the policy is issued by an agent or third-party administrator pursuant to the underwriting authority granted to the agent or third-party administrator by the insurer; or
5. Provide that an insurer who has paid benefits under a long-term care insurance policy or certificate may recover the benefit payments in the event that the policy or certificate is rescinded.
(1987, c. 586; 1990, c. 285; 2000, c. 559.)
Sections: Previous 38.2-5200 38.2-5201 38.2-5202 38.2-5202.1 38.2-5203 38.2-5204 38.2-5205 38.2-5206 38.2-5207 38.2-5207.1 38.2-5207.2 38.2-5208 38.2-5209 38.2-5210 NextLast modified: April 3, 2009