40 Pa. Stat. § 991.1110a

Current through P.A. Acts 2023-32
Section 991.1110a - Long-Term Care Partnership Program
(a) There is hereby established the Long-Term Care Partnership Program, to be administered by the Department of Public Welfare in accordance with the requirements for qualified State long-term care insurance partnerships. The purpose of this program is to reduce future Medicaid costs for long-term care by delaying or eliminating dependence on Medicaid by providing incentives for individuals to ensure against the potentially substantial costs that arise upon the need for long-term care.
(b) In order to implement the program, the Department of Public Welfare shall file a State plan amendment with Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services pursuant to Title XIX of the Social Security Act (49 Stat. 620, 42 U.S.C. § 1396 et seq.) within 30 days of the effective date of this section. The program, including the treatment of assets for Medicaid eligibility and estate recovery, shall be structured and administered by the Department of Public Welfare in accordance with Federal law and applicable Federal guidelines for qualified State long-term care partnerships.
(c) The department shall require all insurers offering a qualified Long- Term Care Partnership Program policy to offer to exchange any policy or certificate issued between February 8, 2006, and the date the State plan amendment takes effect with a qualified Long-Term Care Partnership Program policy. The following shall apply:
(1) All offers of exchange shall be subject to the outline of coverage provisions set forth under section 1111 and all applicable regulations.
(2) Policies exchanged under this provision, if there is no change in coverage material to the risk, shall not be subject to any medical underwriting or approval process.
(3) Any portion of the policy that was issued prior to the exchange date shall be priced based on the policyholder's age when the policy was originally issued.
(4) Any portion of the policy that is added as a result of the exchange may be priced based on the policyholder's age at the time of the exchange.
(5) Any addition to a policy as a result of any exchange shall be subject to the right to return set forth under section 1110 and all applicable regulations.

40 P.S. § 991.1110a

1921, May 17, P.L. 682, No. 284, art. XI, § 1110.1, added 2007, July 17, P.L. 134, No. 40, §3, effective in 60 days [ 9/17/2007].