23 CAR § 84-104. Policy definitions

(a) No long-term care insurance policy delivered or issued for delivery in this state shall use the terms set forth below, unless the terms are defined in the policy and the definitions satisfy the following requirements: (1) “Activities of daily living” means at least: (A) Bathing; (B) Continence; (C) Dressing; (D) Eating; (E) Toileting; and (F) Transferring; (2)(A) “Acute condition” means that the individual is medically unstable. (B) Such an individual requires frequent monitoring by medical professionals, such as physicians and registered nurses, in order to maintain his or her health status; (3) “Adult day care” means a program for six (6) or more individuals of social and health-related services provided during the day in a community group setting for the purpose of supporting frail, impaired elderly, or other disabled adults who can benefit from care in a group setting outside the home; (4) “Bathing” means washing oneself by sponge bath or in either a tub or shower, including the task of getting into or out of the tub or shower; (5) “Cognitive impairment” means a deficiency in a person’s: (A) Short-term or long-term memory; (B) Orientation as to person, place, and time; (C) Deductive or abstract reasoning; or (D) Judgment as it relates to safety awareness; (6) “Continence” means: (A) The ability to maintain control of bowel and bladder function; or (B) When unable to maintain control of bowel or bladder function, the ability to perform associated personal hygiene (including caring for catheter or colostomy bag); (7) “Dressing” means putting on and taking off: (A) All items of clothing; and (B) Any necessary: (i) Braces; (ii) Fasteners; or (iii) Artificial limbs; (8) “Eating” means feeding oneself by: (A) Getting food into the body from a receptacle (such as a plate, cup, or table); or (B) A feeding tube or intravenously; (9) “Hands-on assistance” means physical assistance (minimal, moderate, or maximal) without which the individual would not be able to perform the activity of daily living; (10)(A) “Home healthcare services” means medical and nonmedical services provided to ill, disabled, or infirm persons in their residences. (B) Such services may include: (i) Homemaker services; (ii) Assistance with activities of daily living; and (iii) Respite care services; (11) “Medicare” means: (A) The Health Insurance for the Aged Act, Title XVIII of the Social Security Amendments of 1965, as then constituted or later amended; (B) Title I, Part I of Pub. L. No. 89-97, as Enacted by the Eighty-Ninth Congress of the United States of America and popularly known as the Health Insurance for the Aged Act, as then constituted and any later amendments or substitutes thereof; or (C) Words of similar import; (12) “Mental or nervous disorder” shall not be defined to include more than: (A) Neurosis; (B) Psychoneurosis; (C) Psychopathy; (D) Psychosis; or (E) Mental or emotional disease or disorder; (13) “Personal care” means the provision of hands-on services to assist an individual with activities of daily living; (14) “Skilled nursing care”, “personal care”, “home care”, “specialized care”, “assisted living care”, and other services shall be defined in relation to the: (A) Level of skill required; (B) Nature of the care; and (C) Setting in which care must be delivered; (15) “Toileting” means: (A) Getting to and from the toilet; (B) Getting on and off the toilet; and (C) Performing associated personal hygiene; and (16) “Transferring” means moving into or out of a: (A) Bed; (B) Chair; or (C) Wheelchair. (b)(1) All providers of services, including but not limited to “skilled nursing facility”, “extended care facility”, “convalescent nursing home”, “personal care facility”, “specialized care providers”, “assisted living facility”, and “home care agency” shall be defined in relation to the services and facilities required to be available and the licensure, certification, registration, or degree status of those providing or supervising the services. (2) When the definition requires that the provider be appropriately licensed, certified, or registered, it shall also state what requirements a provider must meet in lieu of licensure, certification, or registration when the state in which the service is to be furnished: (A) Does not require a provider of these services to be licensed, certified, or registered; or (B) Licenses, certifies, or registers the provider of services under another name.