Employers have no obligation under Mississippi 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 long-term care policy cannot define a “preexisting condition” 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 (Miss. Admin. Code 19-3:8.06). Additionally, a long-term care insurance policy 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 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, attempted suicide, or an intentional self-inflicted injury; or aviation as a non-fare-paying passenger;
• Treatment provided in a government facility (unless 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, or occupational disease law; or any motor ...