New Jersey Administrative Code
Title 11 - INSURANCE
Chapter 4 - ACTUARIAL SERVICES
Subchapter 34 - LONG-TERM CARE INSURANCE
Section 11:4-34.3 - Policy definitions
Universal Citation: NJ Admin Code 11:4-34.3
Current through Register Vol. 56, No. 18, September 16, 2024
(a) No long-term care insurance policy delivered or issued for delivery in this State shall use the terms set forth below, unless the terms are defined in the policy and the definitions are consistent with the following:
1. "Activities of daily living" means at
least bathing, continence, dressing, eating, toileting and
transferring.
2. "Acute condition"
means a condition that renders an individual medically unstable. Such an
individual requires frequent monitoring by medical professionals, such as
physicians and registered nurses, in order to maintain his or her health
status.
3. "Adult day care" means a
program for six or more individuals of social and health-related services
provided during the day in a community group setting for the purpose of
supporting frail, impaired, elderly or other disabled adults who can benefit
from care in a group setting outside the home.
4. "Bathing" means washing oneself by sponge
bath, or in either a tub or shower, including the task of getting into or out
of the tub or shower.
5. "Cognitive
impairment" means a deficiency in a person's short or long-term memory;
orientation as to person, place and time; deductive or abstract reasoning; or
judgment as it relates to safety awareness.
6. "Continence" means the ability to maintain
control of bowel and bladder function; or, when unable to maintain control of
bowel or bladder function, the ability to perform associated personal hygiene
(including caring for a catheter or colostomy bag).
7. "Dressing" means putting on and talking
off all items of clothing and any necessary braces, fasteners or artificial
limbs.
8. "Eating" means feeding
oneself by getting food into the body from a receptacle (such as a plate, cup
or table) or by a feeding tube or intravenously.
9. "Hands-on assistance" means any physical
assistance (minimal, moderate or maximal) without which the individual would
not be able to perform the activities of daily living.
10. "Home health care services" means medical
and non-medical services, provided to ill, disabled or infirm persons in their
residences. Such services may include homemaker services, assistance with
activities of daily living and respite care services.
11. "Immediate family" means parents, spouse
or domestic partner, children and siblings.
12. "Medicare" means "The Health Insurance
for the Aged Act, Title XVIII of the Social Security Amendments of 1965 as Then
Constituted or Later Amended," or "Title 1, Part 1 of Public Law 8 9-97, as
Enacted by the Eighty-Ninth Congress of the United States of America and
popularly known as the Health Insurance for the Aged Act, as then constituted
and any later amendments or substitutes thereof."
13. "Mental or nervous disorder" means
neurosis, psychoneurosis, psychopathy, psychosis, or mental or emotional
disease or disorder.
14. "Personal
care" means the provision of hands-on services to assist an individual with
activities of daily living.
15.
"Preexisting condition" shall not be more restrictive than a condition for
which medical advice or treatment was recommended by, or received from, a
provider of health care services, within six months preceding the effective
date of coverage of an insured person.
16. "Skilled nursing care," "intermediate
care," "personal care," "home care" and other services shall be defined in
relation to the level of skill required, the nature of the care and the setting
in which care must be delivered.
17. "Toileting" means getting to and from the
toilet, getting on and off the toilet, and performing associated personal
hygiene.
18. "Transferring" means
moving into or out of a bed, chair or wheelchair.
19. "Usual, customary and reasonable" shall
be no more restrictive than:
i. "Usual" means
the fee ordinarily charged by the provider for a particular service or
supply;
ii. "Customary" means the
range of usual fees charged by providers for the same service or supply under
like circumstances within the geographic or socio-economic area where the
service or supply is performed or furnished. The range of usual fees charged by
physicians shall consider training and experience; and
iii. "Reasonable" means a fee above usual and
customary which is justified by unusual complexity of the treatment
required.
20. All
providers of services, including, but not limited to, "skilled nursing
facility," "extended care facility," "intermediate care facility,"
"convalescent nursing home," "personal care facility," and "home care agency"
shall be defined in relation to the services and facilities required to be
available and the licensure or degree status of those providing or supervising
the services. The definition may require that the provider be appropriately
licensed or certified.
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