With the deepening of population aging in China, the long-term care needs of the disabled have become increasingly urgent. As the "sixth social insurance", the long-term care insurance system faces critical bottlenecks in its legislative hierarchy and legal categorization, which hinder its institutionalization. Currently, the legislation of long-term care insurance primarily confronts two paths: inclusion in the Social Insurance Law or the Healthcare Security Law. Through theoretical analysis and empirical comparison, this paper delves into the legal foundations, institutional advantages, potential risks, and departmental interest conflicts of both approaches. The study finds that incorporating it into the Social Insurance Law helps establish the system's independence and sustainable financing but entails significant legislative amendments. Conversely, integrating it into the Healthcare Security Law aligns with the current administrative framework and pilot experiences but risks "medicalization" and fund misappropriation. The paper proposes a compromise approach—"legally classified under social insurance, administratively managed by healthcare security, with independent funding accounting"—and suggests establishing a transitional chapter in the Healthcare Security Law. Ultimately, it advocates for long-term care insurance to become an independent social insurance category, thereby fostering a fair and sustainable multi-tiered social security system.