What Are the General Rules for Reimbursement of Long-Term Care Services?
The Emeriti Health Accounts may be used to reimburse expenses for qualified long-term care services provided to the employee or an eligible dependent (for example, an elderly parent enrolled as a Dependent Relative under the Plan), unless they are otherwise reimbursed by insurance or another reimbursement plan. Long-term care services are qualified if they are necessary diagnostic, preventive, therapeutic, curing, treating, mitigating, and rehabilitative services, or “maintenance or personal care services,” which are required by a “chronically ill individual” and which are provided pursuant to a plan of care prescribed by a licensed health care practitioner. Expenses incurred at facilities, such as nursing homes, can qualify as long-term care expenses, subject to the relationship requirements discussed below.
- A “chronically ill individual” is one who has been certified within the last 12 months by a licensed health care practitioner as:
- Unable to perform without substantial assistance at least two activities of daily living (eating, toileting, transferring, bathing, dressing, or continence) for a period of at least 90 days due to a loss of functional capacity.
- Having a level of disability similar to the level of disability described in clause or,
- Requiring substantial supervision to protect such individual from threats to health and safety due to severe cognitive impairment.
- The term “maintenance or personal care services” means care given with the primary purpose of providing needed assistance with any of the disabilities causing the individual to be considered a “chronically ill individual” — i.e., eating, toileting, transferring, bathing, dressing, or continence — including protecting the individual from threats to health and safety due to severe cognitive impairment.
Back to Top
What Are the General Rules for Reimbursement of Long-Term Care Insurance Premiums?
The Emeriti Health Accounts may be used to reimburse premiums paid for qualified long-term care insurance. The insurance contract is qualified if:
- It provides coverage only for qualified long-term care services (discussed above: note that it may provide payments on a per diem or other basis regardless of the actual expenses an insured incurs during the period to which the payments relate).
- it does not pay or reimburse expenses for services or items provided under Medicare (or that would be provided by Medicare but for application of a deductible or coinsurance amount), except for expenses reimbursable by Medicare only as a secondary payer (and the contract may provide benefits that coordinate with Medicare)
- it is guaranteed renewable;
- it does not have a cash surrender value or other financial provision that may be paid, assigned, pledged as collateral for a loan, or borrowed by the policyholder; and
- it provides that all refunds of premiums and all policyholder dividends or similar amounts arising under the contract will be applied either to reduce future premiums or to increase benefits under the contract (except that it may provide a refund when the insured dies or the contract is cancelled).