Employers have no obligation under Kansas 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 limit how the plan may be designed.
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 (KS Stat. Sec. 40-2228). Additionally, a long-term care insurance policy cannot exclude coverage for a loss or confinement that is the result of a preexisting condition, unless such loss or confinement begins within six months after the effective date of coverage.
A long-term care insurance policy may not require prior institutionalization as a condition precedent to the payment of benefits (KS Stat. Sec. 40-2228).
In Kansas, a regulation cannot limit the number of days contained in an elimination period of confinement in a nursing facility or for all confinements in a nursing facility that are due to the same or related causes and separated from each other by less than 180 days (KS Stat. Sec. 40-2228).