Employers have no obligation under Florida law to offer long-term care insurance to their employees. However, if long-term care insurance is among the benefits offered, certain state law requirements under Florida's Long-Term Care Insurance Act limit how the plan may be designed.
A long-term care insurance policy generally may not exclude coverage for a loss or confinement that is the result of a preexisting condition unless such loss or confinement begins within six months following the effective date of coverage. A “preexisting condition” cannot be defined more restrictively than as a condition for which medical advice or treatment was recommended by or received from a provider of healthcare services within six months before the effective date of coverage (FL Stat. Sec. 627.9407).
A long-term care insurance policy may not limit or exclude coverage by type of illness, treatment, medical condition, or accident, except for:
• Preexisting conditions or diseases;
• Mental or nervous disorders (but not Alzheimer's disease);
• Alcoholism and drug addiction;
• Illness, treatment, or medical condition arising out of war or act of war (whether declared or undeclared); participation in a felony, riot, or insurrection; service in the armed forces or auxiliary units; suicide (sane or insane), attempted suicide, or an intentionally self-inflicted injury; or aviation involving non-fare-paying passengers;
• Treatment provided in a government facility (unless otherwise required by law); services for which benefits are available under Medicare or other governmental program (except Medicaid), any state or federal workers' compensation, employer's liability ...