23 CAR § 84-111. Minimum standards for home health and community care benefits in long-term care insurance policies

(a) A long-term care insurance policy or certificate shall not, if it provides benefits for home healthcare or community care services, limit or exclude benefits by: (1) Requiring that the insured or claimant would need care in a skilled nursing facility if home healthcare services were not provided; (2) Requiring that the insured or claimant first or simultaneously receive nursing or therapeutic services, or both, in a home, community, or institutional setting before home healthcare services are covered; (3) Limiting eligible services to services provided by registered nurses or licensed practical nurses; (4) Requiring that a nurse or therapist provide services covered by the policy that can be provided by a home health aide or other licensed or certified home care worker acting within the scope of his or her licensure or certification; (5) Excluding coverage for personal care services provided by a home health aide; (6) Requiring that the provision of home healthcare services be at a level of certification or licensure greater than that required by the eligible service; (7) Requiring that the insured or claimant have an acute condition before home healthcare services are covered; (8) Limiting benefits to services provided by Medicare-certified agencies or providers; or (9) Excluding coverage for adult daycare services. (b)(1) A long-term care insurance policy or certificate, if it provides for home health or community care services, shall provide total home health or community care coverage that is a dollar amount equivalent to at least one-half (1/2) of one (1) year’s coverage available for nursing home benefits under the policy or certificate, at the time covered home health or community care services are being received. (2) This requirement shall not apply to policies or certificates issued to residents of continuing care retirement communities. (c) Home healthcare coverage may be applied to the non-home healthcare benefits provided in the policy or certificate when determining maximum coverage under the terms of the policy or certificate.