Section 760IAC2-5-1. Application; medication

   (a) All applications for long term care insurance policies, certificates, or subscriber agreements except those which are guaranteed issue shall contain clear and unambiguous questions designed to ascertain the health condition of the applicant.

  (b) If an application for long term care insurance contains a question which asks whether the applicant has had medication prescribed by a physician, it must also ask the applicant to list the medication that has been prescribed.

  (c) If the medications listed in such application were known by the insurer, or should have been known at the time of application, to be directly related to a medical condition for which coverage would otherwise be denied, then the policy, certificate, or subscriber agreement shall not be rescinded for that condition. (Department of Insurance; 760 IAC 2-5-1; filed Oct 30, 1992, 12:00 p.m.: 16 IR 860; readopted filed Sep 14, 2001, 12:22 p.m.: 25 IR 531; readopted filed Nov 27, 2007, 4:01 p.m.: 20071226-IR-760070717RFA; readopted filed Nov 26, 2013, 3:43 p.m.: 20131225-IR-760130479RFA)