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- Alaska Statutes.
- Title 21. Insurance
- Chapter 53. Long-Term Care Insurance
- Section 30. Preexisting Conditions.
previous: Section 20
. Disclosure and Performance Standards.
next: Section 40
. Prior Hospital or Institutional Care Conditions Prohibited.
AS 21.53.030. Preexisting Conditions.
- (a) An insurer, hospital or medical service corporation, or a fraternal benefit society may not include, in a long-term
care insurance policy or certificate, a definition of "preexisting condition" that is more restrictive than the
following: preexisting condition means the existence of symptoms that would cause an ordinarily prudent person to seek
diagnosis, care, or treatment, or 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
- (b) In a long-term care insurance policy or certificate an insurer, hospital or medical service corporation, or a
fraternal benefit society 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
- (c) The director may extend the limitation periods established under (a) and (b) of this section for specific age group
categories or specific policy forms, if the director finds that the extension is in the best interest of the public.
- (d) This section does not prohibit an insurer, hospital or medical service corporation, or a fraternal benefit society
from using an application form designed to elicit the complete health history of an applicant, and, on the basis of the
answers on the application, from applying that insurer's, hospital or medical service corporation's, or fraternal
benefit society'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 (b) of this section expires. A long-term care insurance policy or certificate may not exclude,
limit, or reduce, 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 after the waiting period described in (b)
of this section, unless the waiver or rider has been specifically approved by the director.
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