(a) (1) In this section, "home health care services" means medical or nonmedical services provided to ill, disabled, or infirm individuals in their residences. (2) "Home health care services" includes: (i) homemaker services; (ii) assistance with activities of daily living; and (iii) respite care services. (b) A policy or certificate of long-term care insurance that provides benefits for home health care services may not limit or exclude benefits by: (1) requiring that the insured would need care in a nursing facility if home health care services were not provided; (2) requiring that the insured first or simultaneously receive nursing or therapeutic services at home or in a community setting before home health care services are covered. (3) limiting eligible services provided by registered nurses or licensed practical nurses; (4) requiring that a nurse or therapist provide services covered by the policy or certificate of long-term care insurance that can be provided by a home health aide or other licensed or certified home care worker who acts within the scope of licensure or certification; (5) requiring that the insured have an acute condition before home health care services are covered; or (6) limiting benefits to services provided by Medicare-certified agencies or providers. (c) Coverage for home health care services may be applied to the coverage for other benefits provided in the policy or certificate of long-term care insurance when determining maximum coverage under the terms of the policy or certificate.
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