S.B. 452

VETOES

(2)      ALERT THE PURCHASER TO THE AVAILABILITY OF CONSUMER
INFORMATION AND PUBLIC EDUCATION PROVIDED BY THE COMMISSIONER UNDER
§ 15-506 15-406 OF THIS SUBTITLE;

(3)      OFFER AUTOMATIC INFLATION PROTECTION OR OPTIONAL
PERIODIC PER DIEM UPGRADES UNTIL THE INSURED BEGINS TO RECEIVE
LONG-TERM CARE BENEFITS;

(4)      (3) PROVIDE FOR THE KEEPING OF RECORDS AND AN
EXPLANATION OF BENEFIT REPORTS ON INSURANCE PAYMENTS WHICH COUNT
TOWARD MEDICAID RESOURCE EXCLUSION; AND

(5) (4) PROVIDE THE MANAGEMENT INFORMATION AND REPORTS
NECESSARY TO DOCUMENT THE EXTENT OF RESOURCE PROTECTION OFFERED AND
TO EVALUATE THE PROGRAM; AND

(6) PROVIDE ANY BENEFIT REQUIRED BY THE COMMISSIONER.

(C) (1) (B) THE DEPARTMENT MAY NOT APPROVE A LONG-TERM CARE
POLICY IF THE POLICY REQUIRES PRIOR HOSPITALIZATION OR A PRIOR STAY IN A
NURSING HOME AS A CONDITION OF PROVIDING BENEFITS.

(2) A LONG TERM CARE POLICY MAY NOT BE OFFERED TO AN
INDIVIDUAL WITH A PREEXISTING DEBILITATING CONDITION.

15-505.

(A)     TO THE EXTENT THE RESOURCES OF AN INDIVIDUAL EQUAL THE
AMOUNT OF THE BENEFITS PAYABLE UNDER THE LONG-TERM CARE POLICY
APPROVED UNDER § 15-504 OF THIS SUBTITLE, THE RESOURCES MAY NOT BE
CONSIDERED BY THE DEPARTMENT IN DETERMINING:

(1) THE ELIGIBILITY OF THE INDIVIDUAL FOR MEDICAL ASSISTANCE;

(2) THE AMOUNT OF ANY MEDICAL ASSISTANCE PAYMENT; OR

(3) ANY SUBSEQUENT RECOVERY BY THE STATE OF A PAYMENT FOR
MEDICAL SERVICES.

(B)     THE DEPARTMENT SHALL COUNT LONG-TERM CARE BENEFITS
PAYMENTS TOWARD RESOURCE EXCLUSION TO THE EXTENT THE PAYMENTS:

(1) ARE FOR SERVICES THAT MEDICAL ASSISTANCE APPROVES OR
COVERS FOR RECIPIENTS;

(2) ARE FOR THE LOWER OF THE ACTUAL CHARGE AND THE AMOUNT
PAID BY THE INSURANCE COMPANY; AND

(3) ARE FOR NURSING HOME CARE.

15-405.

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