HRS §431:10H-109
Rules for long-term care insurance prior care requirements
Read the official text at capitol.hawaii.gov ↗This section bans long-term care insurance policies in Hawaii from requiring a hospital stay or nursing home stay before paying benefits, except in limited cases. If a policy has such requirements, they must be clearly labeled. Any required nursing home stay before home care cannot be longer than 30 days.
The statute, as written — Prior hospitalization; prior institutionalization
A copy, taken August 20, 2026. The version published by the Legislature is the one that governs, and it may have changed since. Check it before relying on anything here.
(a) No long-term care insurance policy may be delivered or issued for delivery in this State if the policy: (1) Conditions eligibility for any benefits on a prior hospitalization requirement; (2) Conditions eligibility for benefits provided in an institutional care setting on the receipt of a higher level of institutional care; or (3) Conditions eligibility for any benefits other than waiver of premium, post-confinement, post-acute care, or recuperative benefits on a prior institutionalization requirement. (b) A long-term care insurance policy containing post-confinement, post-acute care, or recuperative benefits shall clearly label, in a separate paragraph of the policy or certificate, entitled "Limitations or Conditions on Eligibility for Benefits", such limitations or conditions including any required number of days of confinement. (c) A long-term care insurance policy that conditions eligibility of non-institutional benefits on the prior receipt of institutional care shall not require a prior institutional stay of more than thirty days.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.