Kan. Admin. Regs. § 40-4-37h - Long-term care insurance; pre-existing conditions; requirements; prohibitions
(a) If a long-term
care insurance policy or certificate contains any limitations with respect to
pre-existing conditions, the limitations shall appear as a separate paragraph
of the policy or certificate and be labeled as "pre-existing condition
limitations."
(b) The definition
of preexisting condition shall not prohibit an insurer from using an
application form designed to elicit the complete health history of an
applicant, and, on the basis of the answers on that application, from
underwriting in accordance with that insurer's established underwriting
standards. Unless otherwise provided in the policy or certificate, a
preexisting condition, regardless of whether it is disclosed on the
application, need not be covered until the waiting period described in K.S.A.
1991 Supp.
40-2228(e) (1)
expires. No long-term care insurance policy or certificate may exclude or use
waivers or riders of any kind to exclude, limit or reduce coverage or benefits
for specifically named or described preexisting diseases or physical conditions
beyond the waiting period of the policy or certificate.
(c) No long-term care insurance policy or
certificate shall exclude coverage for a loss or confinement which is the
result of a preexisting condition unless such loss or confinement begins within
the preexisting waiting period following the effective date of coverage of an
insured person.
Notes
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