Rules & Regulations of the State of Tennessee
Title 0780 - Commerce and Insurance
Subtitle 0780-01 - Insurance Division
Chapter 0780-01-61 - Long-Term Care Insurance
Section 0780-01-61-.05 - POLICY DEFINITIONS
Universal Citation: TN Comp Rules and Regs 0780-01-61-.05
Current through September 24, 2024
(1) 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 satisfy the following requirements:
(a) "Activities of daily living" means at
least bathing, continence, dressing, eating, toileting and
transferring.
(b) "Acute condition"
means that the individual is 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.
(c) "Adult day care" means a program for six
(6) 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.
(d)
"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.
(e) "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.
(f) "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 catheter or colostomy
bag).
(g) "Dressing" means putting
on and taking off all items of clothing and any necessary braces, fasteners or
artificial limbs.
(h) "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.
(i) "Hands-on assistance" means physical
assistance (minimal, moderate or maximal) without which the individual would
not be able to perform the activity of daily living.
(j) "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.
(k) "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 I, Part I of Public Law 89-97, 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, or words of similar
import.
(l) "Mental or nervous
disorder" shall not be defined to include more than neurosis, psychoneurosis,
psychopathy, psychosis, or mental or emotional disease or disorder.
(m) "Personal care" means the provision of
hands-on services to assist an individual with activities of daily
living.
(n) "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.
(o) "Toileting" means getting to and from the
toilet, getting on and off the toilet, and performing associated personal
hygiene.
(p) "Transferring" means
moving into or out of a bed, chair or wheelchair.
(q) 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.
Authority: T.C.A. § 56-42-105.
Disclaimer: These regulations may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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