North Dakota Code § 26.1-45-07

Prior institutionalization requirement prohibited
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1. No long-term care insurance policy or certificate may be delivered or issued for 
delivery in this state if such policy:
a. Conditions eligibility for any benefits on a prior hospitalization requirement.
b. Conditions eligibility for benefits provided in an institutional care setting on the 
receipt of a higher level of such institutional care.
c. Conditions eligibility for any benefits other than waiver of premium, 
postconfinement, postacute care, or recuperative benefits on a prior 
institutionalization requirement.
2. a. A long-term care insurance policy containing postconfinement, postacute care, or 
recuperative benefits must 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.
b. A long -term care insurance policy or rider which conditions eligibility of 
noninstitutional benefits on the prior receipt of institutional care may not require a 
prior institutional stay of more than thirty days.
3. No long -term care insurance policy or rider which provides benefits only following 
institutionalization may condition such benefits upon admission to a facility for the 
same or related conditions within a period of less than thirty days after discharge from 
the institution.

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