2026 Minnesota Statutes
62A.70 SHORT-TERM HOME HEALTH AND NURSING CARE INSURANCE.
Subdivision 1.Definitions.
(a) For purposes of this section, the following terms have the meanings given.
(b) "Activities of daily living" has the meaning given in section 62S.01, subdivision 2.
(c) "Cognitive impairment" has the meaning given in section 62S.01, subdivision 9.
(d) "Free-look period" means a period with a duration of at least 30 days, beginning the date the policy, certificate, contract, or other evidence of coverage is issued and delivered to the insured, during which an insured may cancel the policy, certificate, contract, or other evidence of coverage and receive a full refund of all paid insurance premiums.
(e) "Home health agency" has the meaning given in section 62A.46, subdivision 10.
(f) "Insured" means a person covered under a short-term home health and nursing care insurance policy.
(g) "Nursing facility" has the meaning given in section 62A.46, subdivision 3.
(h) "Plan of care" has the meaning given in section 62A.46, subdivision 8.
(i) "Qualified insurer" means an entity licensed under chapter 62A or 62C.
(j) "Short-term home health and nursing care insurance" means an individual or group policy, certificate, subscriber contract, or other evidence of coverage that provides benefits for short-term home health services or short-term nursing care services. Short-term home health and nursing care insurance does not include:
(1) a long-term care policy, as defined in section 62A.46, subdivision 2;
(2) long-term care insurance, as defined in section 62S.01, subdivision 18;
(3) Medicare supplement policies, as defined in section 62A.3099, subdivision 18; or
(4) major medical, disability income, or hospital confinement indemnity policies.
(k) "Short-term home health services" means one or more of the following services to care for and treat an insured that are provided by a home health agency in a noninstitutional setting pursuant to a written diagnosis or assessment and a plan of care:
(1) nursing and related personal care services under the direction of a registered nurse, including the services of a home health aide;
(2) physical therapy;
(3) speech therapy;
(4) respiratory therapy;
(5) occupational therapy;
(6) nutritional services provided by a licensed dietitian;
(7) homemaker services, meal preparation, and similar nonmedical services;
(8) medical social services; and
(9) other similar medical services and health-related support services.
(l) "Short-term nursing care services" means services to care for and treat an insured that are provided by a nursing facility pursuant to a written diagnosis or assessment and a plan of care.
(m) "Waiting period" means a specified time period that an insured must wait before some or all of the insured's coverage becomes effective.
Subd. 2.Short-term home health and nursing care insurance approval.
(a) A qualified insurer may offer, issue, deliver, and renew short-term home health and nursing care insurance if the insurance meets the requirements of this section.
(b) Short-term home health and nursing care insurance may be offered, issued, delivered, or renewed only by a qualified insurer.
(c) Short-term home health and nursing care insurance must not be offered, issued, delivered, or renewed until the short-term home health and nursing care insurance is approved by the commissioner as necessary under sections 62A.02 and 62A.135.
Subd. 3.Policy requirements.
(a) Short-term home health and nursing care insurance must provide benefits upon:
(1) cognitive impairment; or
(2) the insured's inability to perform at least two activities of daily living without substantial assistance.
(b) Short-term home health and nursing care insurance must not provide coverage for a period exceeding 360 days.
(c) Short-term home health and nursing care insurance must provide a free-look period.
(d) Short-term home health and nursing care insurance must not be canceled due to an insured's deterioration in health status or use of benefits.
(e) An insurer may deny the renewal of a policy, certificate, contract, or other evidence of coverage of short-term home health and nursing care insurance only for:
(1) nonpayment of a premium by the insured;
(2) fraud or misrepresentation by the insured;
(3) termination of the insurer's authority to transact business in the state; or
(4) the insured's exhaustion of the maximum benefit period.
(f) Upon the conversion or replacement by an insurer of a policy, certificate, contract, or other evidence of coverage containing a waiting period, the insurer is prohibited from establishing a waiting period that differs from the original waiting period.
Subd. 4.Required disclosures.
Short-term home health and nursing care insurance must not be offered or issued without providing the following written disclosures:
(1) a statement, in bold text, that the policy, certificate, contract, or other evidence of coverage is supplemental health insurance; is not long-term care insurance; and is not a policy under the Minnesota partnership for long-term care program;
(2) a clear and understandable explanation of the free-look period; and
(3) a clear and understandable explanation of all renewability and continuity provisions.
History:
Official Publication of the State of Minnesota
Revisor of Statutes