33-22-1128. Insurance producer training requirements. (1) An individual may not sell, solicit, or negotiate long-term care insurance unless the individual is licensed as an insurance producer for disability or life insurance, has completed a one-time training course on or before July 1, 2008, and completes ongoing training within every 24-month period following July 1, 2008.
     (2) The training requirements of this section may be approved as continuing education courses under Title 33, chapter 17, part 12.
     (3) The one-time training course required by this section may not be less than 8 hours, and the ongoing training required by this section may not be less than 4 hours for each 24-month period.
     (4) (a) The training must consist of topics related to long-term care insurance, long-term care services, and, if applicable, qualified state long-term care insurance partnership programs.
     (b) The training must address but is not limited to:
     (i) state and federal regulations and requirements and the relationship between qualified state long-term care insurance partnership programs and other public and private coverage of long-term care services, including medicaid;
     (ii) available long-term care services and providers;
     (iii) changes or improvements in long-term care services or providers;
     (iv) alternatives to the purchase of private long-term care insurance;
     (v) the effect of inflation on benefits and the importance of inflation protection; and
     (vi) consumer suitability standards and guidelines.
     (5) The training required by this section may not include training that is specific to the insurer or a company product or that includes any sales or marketing information, materials, or training, other than those required by state or federal law.
     (6) (a) An insurer subject to this section shall obtain verification that an insurance producer acting on the insurer's behalf receives the training required by this section before the insurance producer is permitted to sell, solicit, or negotiate the insurer's long-term care insurance products.
     (b) The insurer shall maintain records subject to this state's record retention requirements and make the verification of the insurance producer's compliance with training requirements available to the commissioner upon request.
     (7) (a) An insurer subject to this section shall maintain records with respect to the training of its insurance producers concerning the distribution of its policies that will allow the commissioner to provide assurance to the department of public health and human services that insurance producers have received the required training and that the insurance producers have demonstrated an understanding of the insurer's policies and the relationship of the policies to public and private coverage of long-term care, including medicaid, in this state.
     (b) The records must be maintained in accordance with this state's record retention requirements and must be made available to the commissioner upon request.
     (8) The satisfaction of the training requirements required by this section in any state must be considered to satisfy the training requirements in this state.

     History: En. Sec. 15, Ch. 32, L. 2007.