(1) A long-term care insurance policy may not contain a provision that conditions eligibility: (a) for any benefits on a prior hospitalization requirement; (b) for benefits provided in an institutional care setting on the receipt of a higher level of institutional care; or (c) for any benefits on a prior institutionalization requirement except for eligibility for: (i) waiver of premium; (ii) post confinement; (iii) post-acute care; or (iv) recuperative benefits. (2) A long-term care insurance policy containing post confinement, post-acute care, or recuperative benefits shall clearly label the limitations or conditions, including any required number of days of confinement in a separate paragraph of the policy or certificate that is entitled "Limitations or Conditions on Eligibility for Benefits." (3) A long-term care insurance policy or rider that conditions eligibility of noninstitutional benefits on the prior receipt of institutional care may not require a prior institutional stay of more than 30 days.
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