Indiana § 27-8-12-10.5 Loss or confinement resulting from a preexisting condition; exclusion
of coverage; limitation period; rules

Indiana Statutes

§ 27-8-12-10.5 — Loss or confinement resulting from a preexisting condition; exclusion of coverage; limitation period; rules

Indiana § 27-8-12-10.5

Title 27INSURANCE

Art. 8LIFE, ACCIDENT, AND HEALTH

Ch. 12Long Term Care Insurance

This text of Indiana § 27-8-12-10.5 (Loss or confinement resulting from a preexisting condition; exclusion of coverage; limitation period; rules) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 27-8-12-10.5 (2026).

Text

5.

(a)As used in this section, "preexisting condition" means a condition for which medical advice or treatment was recommended by or received from a provider of health care services within six (6) months preceding the effective date of coverage of an insured individual.

(b)A long term care insurance policy may not use a definition of preexisting condition that is more restrictive than the definition contained in subsection (a).

(c)Except for a group long term care policy under IC 27-8-5-16(1) or IC 27-1-12-37, a long term care insurance policy may not exclude coverage for a loss or confinement that is the result of a preexisting condition unless the loss or confinement begins within six (6) months following the effective date of coverage of an insured individual.

(d)The commissioner ma

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5. (a) As used in this section, "preexisting
condition" means a condition for which medical advice or treatment
was recommended by or received from a provider of health care
services within six (6) months preceding the effective date of coverage
of an insured individual.
(b) A long term care insurance policy may not use a definition of
preexisting condition that is more restrictive than the definition
contained in subsection (a).
(c) Except for a group long term care policy under IC 27-8-5-16(1)
or IC 27-1-12-37, a long term care insurance policy may not exclude
coverage for a loss or confinement that is the result of a preexisting
condition unless the loss or confinement begins within six (6) months
following the effective date of coverage of an insured individual.
(d) The commissioner may extend the limitation period under
subsections (a) and (c) concerning a specific age group category in a
specific policy form upon a finding by the commissioner that the
extension is in the best interest of the public.
(e) This section does not prohibit an insurer from doing any of the
following:
(1) Using an application form designed to elicit the complete
health history of an applicant.
(2) Based on an application, underwriting in accordance with the
insurer's established underwriting standards.
(f) Unless otherwise provided in the policy or certificate, a
preexisting condition, regardless of whether the condition is disclosed
on the application, need not be covered until after the waiting period
described in subsection (c).
(g) A long term care insurance policy may not exclude or use a
waiver or rider to exclude, limit, or reduce coverage or benefits for a
specifically named or described preexisting disease or physical
condition beyond the waiting period described in subsection (c).