Cal. INS § 10232.5

On or after January 1, 1990, no long-term care insurance policy may be delivered or issued for delivery in this state which does any of the following: (a) Preconditions the availability of benefits on prior hospitalization. (b) Conditions eligibility for benefits provided in an institutional care setting on the receipt of a higher level of institutional care. (c) Preconditions the availability of benefits for community-based care, home health care, or home care on prior institutionalization. (d) Conditions eligibility for noninstitutional benefits, other than those in subdivision (c), on a prior institutional stay of more than 30 days.