West Virginia Long-Term Care laws & HR compliance analysis

West Virginia Long-Term Care: What you need to know

Employers have no obligation under West Virginia 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 under the West Virginia Long-Term Care Insurance Act limit how the plan may be designed (WV Code Sec. 33-15A-1 et seq.).
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A long-term care insurance policy in West Virginia may not:
• Be canceled, nonrenewed, or otherwise terminated because of the age or the deterioration of the mental or physical health of the insured individual;
• Contain a provision establishing a new waiting period if existing coverage is converted to or replaced by a new or other policy within the same company (except for an increase in benefits that the insured individual or group policyholder voluntarily selected);
• Provide coverage only for skilled nursing care or provide significantly more coverage for skilled care in a facility than coverage for lower levels of care;
• Condition eligibility for any benefits on 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, post-confinement, post-acute care, or recuperative benefits on a prior institutionalization requirement (WV Code Sec. 33-15A-6).
Group long-term care insurance issued in West Virginia must provide covered individuals with a basis for continuation or conversion of coverage (WV ADC Sec. 114-32-4).
Amounts a taxpayer paid for premiums for a qualified long-term care insurance policy for the taxpayer, the taxpayer's ...

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West Virginia Long-Term Care Resources

Type Title
Policies Elder Care Policy (Standard)
See all Long-Term Care Resources