Arkansas § 23-97-309 Prior hospitalization or institutionalization

Arkansas Statutes

§ 23-97-309 — Prior hospitalization or institutionalization

Arkansas § 23-97-309

Title23

This text of Arkansas § 23-97-309 (Prior hospitalization or institutionalization) is published on Counsel Stack Legal Research, covering Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ark. Code Ann. § 23-97-309 (2026).

Text

(a)No long-term care insurance policy shall be delivered or issued for delivery in this state if the policy:

(1)Conditions eligibility for any benefits on a prior hospitalization requirement;

(2)Conditions eligibility for any benefits provided in an institutional care setting on the receipt of a higher level of institutional care; or (3) Conditions eligibility for any benefits other than waiver of premium, post-confinement, post-acute care, or recuperative benefits on a prior institutionalization requirement.

(b)(1) A long-term care insurance policy containing post-confinement, post-acute care, or recuperative benefits shall clearly label in a separate paragraph of the policy or certificate entitled "Limitations or Conditions on Eligibility for Benefits" the limitations or conditions,

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(a) No long-term care insurance policy shall be delivered or issued for delivery in this state if the policy: (1) Conditions eligibility for any benefits on a prior hospitalization requirement; (2) Conditions eligibility for any benefits provided in an institutional care setting on the receipt of a higher level of institutional care; or (3) Conditions eligibility for any benefits other than waiver of premium, post-confinement, post-acute care, or recuperative benefits on a prior institutionalization requirement. (b) (1) A long-term care insurance policy containing post-confinement, post-acute care, or recuperative benefits shall clearly label in a separate paragraph of the policy or certificate entitled "Limitations or Conditions on Eligibility for Benefits" the limitations or conditions, including any required number of days of confinement. (2) A long-term care insurance policy or rider that conditions eligibility for noninstitutional benefits on the prior receipt of institutional care shall not require a prior institutional stay of more than thirty (30) days. (c) No long-term care insurance policy or rider that provides benefits only following institutionalization shall condition such benefits upon admission to a facility for the same or related conditions within a period of less than thirty (30) days after discharge from the institution.