[§431:10H-106.5]  Producer training
requirements.  (a)  Effective on the date that is one year following the
enactment by the State of legislation establishing the long-term care
partnership program as provided in Title VI, Section 6021 of the Federal Deficit
Reduction Act of 2005, an individual may not sell, solicit, or negotiate
long-term care insurance unless the individual is licensed as an insurance
producer for accident, health, or life insurance and has completed a one-time
training course and ongoing training every twenty-four months thereafter.  This
training shall meet the requirements set forth in subsections (c) and (d).  The
producer training requirements provided in this section shall be required of
every producer selling, soliciting, or negotiating long-term care insurance.



(b)  The training requirements of subsections
(c) and (d) may be approved as continuing education courses under section
431:9A-153.



(c)  The one-time training required under this
section shall be no less than eight hours and the ongoing training required by
this section shall be no less than four hours for every twenty-four month
period thereafter.



(d)  The training required under this section
shall consist of topics related to long-term care insurance, long-term care services,
and, if applicable, qualified state long-term care insurance partnership
programs, including but not limited to:



(1)  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;



(2)  Available long-term care services and providers;



(3)  Changes or improvements in long-term care
services or providers;



(4)  Alternatives to the purchase of long-term care
insurance;



(5)  The effect of inflation on benefits and the
importance of inflation protection; and



(6)  Consumer suitability standards and guidelines.



(e)  The training required by this section
shall not include training that is insurer or company product specific or that
includes any sales or marketing information, materials, or training other than
those required by state or federal law.



(f)  Insurers subject to article 10H, chapter
431, shall obtain verification that a producer received training required by
this section before a producer is permitted to sell, solicit, or negotiate the
insurer's long-term care insurance products, maintain records subject to the
State's record retention requirements, and make that verification available to
the commissioner upon request.



(g)  Insurers subject to article 10H, chapter
431, shall maintain records with respect to the training of its producers
concerning the distribution of its partnership policies that will allow the
commissioner to provide assurance to the State's medicaid agency that producers
have received the training required by this section and that producers have
demonstrated an understanding of the partnership policies and their
relationship to public and private coverage of long-term care, including
medicaid, in the State.  These records shall be maintained in accordance with
the State's record retention requirements and shall be made available to the
commissioner upon request.



(h)  The satisfaction of training requirements
in any state shall be deemed to satisfy the training requirements provided in
this section. [L 2007, c 233, pt of §3]