(1) A long-term care
insurance policy or certificate may not define "preexisting
condition" more restrictively than as a condition for which
medical advice or treatment was recommended by or received from a
provider of health care services, within six months preceding the
effective date of coverage of an insured person, unless the
policy or certificate applies to group long-term care insurance
under RCW 48.83.020(6) (a), (b), or (c).
(2) A long-term care insurance policy or certificate 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 months following the effective date of coverage of an
insured person, unless the policy or certificate applies to a
group as defined in RCW 48.83.020(6)(a).
(3) The commissioner may extend the limitation periods for
specific age group categories in specific policy forms upon
finding that the extension is in the best interest of the public.
(4) An issuer may use an application form designed to elicit
the complete health history of an applicant and underwrite in
accordance with that issuer's established underwriting standards,
based on the answers on that application. Unless otherwise
provided in the policy or certificate and regardless of whether
it is disclosed on the application, a preexisting condition need
not be covered until the waiting period expires.
(5) A long-term care insurance policy or certificate may not
exclude or use waivers or riders to exclude, limit, or reduce
coverage or benefits for specifically named or described
preexisting diseases or physical conditions beyond the waiting
period.
[2008 c 145 § 5.]