Employers have no obligation under New York 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.
Preexisting condition limitations in long-term care insurance policies may not exclude coverage for more than six months after the effective date of coverage under the policy and may apply only to a condition for which medical advice was given or treatment was recommended by or received from a licensed healthcare provider within six months before the effective date of coverage (11 NYCRR Sec. 52.25).
Generally, group long-term care insurance policies in New York must provide individuals whose coverage is terminated with the opportunity to elect conversion coverage or continued group coverage (11 NYCRR Sec. 52.25).