Section 431:10H-109 - Prior hospitalization; prior institutionalization(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.