Long term care insurance mandated benefit.
ENTITLED, An Act to
establish certain requirements for insurance policies covering certain long-
term care services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
be amended by adding thereto a NEW SECTION to read as
If an insured is receiving benefits for long-term care services in a nursing home or assisted
living facility under a long-term care policy or certificate subject to this chapter, and temporarily
leaves the nursing home or assisted living facility for a period not to exceed fourteen days
annually, the insurer may not reduce or limit benefits for long-term care charges incurred by the
insured during that temporary absence unless otherwise provided in the policy or certificate. The
insurer may not consider that absence in determining whether the insured qualifies or continues
to qualify for a waiver of premium or other policy or certificate benefits or eligibility requirements.
This Act applies to all policies or certificates that are issued after June 30, 2005.
Signed March 8, 2005