A long-term care insurance policy, certificate, or rider that contains a home health care benefit must meet or exceed the minimum standards specified in this section. The policy, certificate, or rider may not exclude benefits by any of the following means:
(1) Providing that home health care cannot be covered unless the insured or claimant would, without the home health care, require skilled care in a skilled nursing facility.(2) Requiring that the insured or claimant first or simultaneously receive nursing or therapeutic services in a home setting or community setting before home health care services are covered.(3) Limiting eligible services to services provided by registered nurses or licensed practical nurses.(4) Requiring that a nurse or therapist provide services covered by the policy that can be provided by a home health aide or by another licensed or certified home care worker acting within the scope of his or her license or certification.(5) Requiring that a licensed home health agency provide services covered by the policy that can be provided by a nurse registry licensed under chapter 400.(6) Excluding coverage for personal care services provided by a home health aide.(7) Requiring that the provision of home health care services be at a level of certification of licensure greater than that required by the eligible service.(8) Requiring that the insured/claimant have an acute condition before home health care services are covered.(9) Limiting benefits to services provided by Medicare-certified agencies or providers.(10) Excluding coverage for adult day care services.s.147, ch. 92-33; s.3, ch. 96-275; s.18, ch. 97-179.