Employers have no obligation under Minnesota 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.
Under Minnesota law, 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 (MN Stat. Sec. 62S.05). Long-term care policies in Minnesota must cover preexisting conditions during the first six months of coverage if the insured individual was not diagnosed or treated for the particular condition during the 90 days immediately before the effective date of coverage (MN Stat. Sec. 62A.48).
Generally, group long-term care insurance issued in Minnesota must provide covered individuals with a basis for continuation or conversion of coverage (MN Stat. Sec. 62S.17).
Coverage under a long-term care policy may include a waiting period of up to 180 days before benefits are paid, but there must be no more than one waiting period per benefit period (MN Stat. Sec. 62A.48). A benefit period is one or more separate or combined periods of confinement covered by a long-term care policy in a nursing facility or at home while receiving home care services (MN Stat. Sec. 62A.46). A benefit period begins on the first day the insured receives a benefit under the policy and ends when the insured has received no benefits for the same or related cause for an interval of 180 consecutive days.