Employers have no obligation under New Hampshire 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 New Hampshire 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 (NH Rev. Stat. Sec. 415-D:5).
Long-term care insurance policies in New Hampshire may not:
• Condition eligibility for any benefits on a prior hospitalization requirement;
• Condition eligibility for benefits provided in an institutional care setting on the receipt of a higher level of institutional care; or
• Condition eligibility for any benefits other than waiver of premium, postconfinement, postacute care, or recuperative benefits on a prior institutionalization requirement (NH Rev. Stat. Sec. 415-D:5).
Group long-term care insurance issued in New Hampshire must provide covered individuals whose coverage is terminated with an individual policy or replacement group certificate of insurance providing benefits equivalent to those enjoyed under the group policy from which conversion is made. Such a policy must be issued by the insurer without evidence of insurability (NH Rev. Stat. Sec. 415-D:6). An individual whose eligibility for group long-term care coverage is based on that person's relationship to another person is entitled to continuation coverage under the group policy on termination of the ...