Insurance Code § 10237.3
ARTICLE 5. Inflation Escalator and Benefit Increases
The offer in Section 10237.1 shall not be required of any of the following:
(a) Life insurance policies or riders containing accelerated long-term care benefits.
(b) Expense incurred long-term care insurance policies. For purposes of this subdivision, “expense incurred” does not include policies paying a certain percentage of reasonable and customary charges up to a specified, indemnity-type maximum amount.