[§431:10H-106.5]  Producer trainingrequirements.  (a)  Effective on the date that is one year following theenactment by the State of legislation establishing the long-term carepartnership program as provided in Title VI, Section 6021 of the Federal DeficitReduction Act of 2005, an individual may not sell, solicit, or negotiatelong-term care insurance unless the individual is licensed as an insuranceproducer for accident, health, or life insurance and has completed a one-timetraining course and ongoing training every twenty-four months thereafter.  Thistraining shall meet the requirements set forth in subsections (c) and (d).  Theproducer training requirements provided in this section shall be required ofevery 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 section431:9A-153.

(c)  The one-time training required under thissection shall be no less than eight hours and the ongoing training required bythis section shall be no less than four hours for every twenty-four monthperiod thereafter.

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

(1)  State and federal regulations and requirementsand the relationship between qualified state long-term care insurancepartnership programs and other public and private coverage of long-term careservices, including medicaid;

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

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

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

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

(6)  Consumer suitability standards and guidelines.

(e)  The training required by this sectionshall not include training that is insurer or company product specific or thatincludes any sales or marketing information, materials, or training other thanthose required by state or federal law.

(f)  Insurers subject to article 10H, chapter431, shall obtain verification that a producer received training required bythis section before a producer is permitted to sell, solicit, or negotiate theinsurer's long-term care insurance products, maintain records subject to theState's record retention requirements, and make that verification available tothe commissioner upon request.

(g)  Insurers subject to article 10H, chapter431, shall maintain records with respect to the training of its producersconcerning the distribution of its partnership policies that will allow thecommissioner to provide assurance to the State's medicaid agency that producershave received the training required by this section and that producers havedemonstrated an understanding of the partnership policies and theirrelationship to public and private coverage of long-term care, includingmedicaid, in the State.  These records shall be maintained in accordance withthe State's record retention requirements and shall be made available to thecommissioner upon request.

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