§ 2220.29. Hospital Indemnity Policies.

INSURANCE ISSUED TO PERSONS ELIGIBLE FOR BENEFITS UNDER MEDICARE

A daily hospital benefit, provided on other than an expense incurred basis and issued to a person eligible for benefits under Medicare, shall be deemed not sufficient to be of real economic value to the person insured if:

(a) It provides a daily hospital benefit of less than $15, payable for less than 60 days, or if it is a hospital benefit for mental disorders, and the period of time the benefit is payable than 30 days; or

(b) The elimination period, if any, exceeds one day for sickness benefits and one day for accident benefits; or

(c) The benefits is subject to any waiting period other than a waiting period for condition specified in Section 2220.10(b); or

(d) It excludes coverages or provides reduced benefits for exceptions, limitations or reductions other than those specified in Section 2220.8; or

(e) It contains a pre-existing condition provision other than as specified in Section 2220.52(a).

A hospital indemnity policy conforming to this Section may not be labeled or described as a Medicare Supplement Policy.

HISTORY

1. Amendment filed 4-5-78; effective thirtieth day thereafter (Register 78, No. 14).

2. Amendment of subsection (e) filed 3-31-83; effective thirtieth day thereafter (Register 83, No. 14).

Note

Note: Authority cited: Section 10291.5(c), Insurance Code. Reference: Section 10291.5(b) (7), Insurance Code.