Producer Training and Continuing Education

PURPOSE: This rule prescribes the producer training requirements for long-term care insurance generally and for Qualified LongTerm Care Partnership Plans. (1) Licensing. Pursuant to section 208.696.1(1), RSMo, a producer shall not sell, solicit or negotiate long-term care insurance, unless licensed under section 375.018, RSMo, 20 CSR 400.4-100(14) and this rule and the individual has been qualified for both the life and health lines of authority. (2) Initial Training. (A) Prior to selling a Qualified Long-Term Care Partnership Plan, a producer shall complete an initial training course no less than eight (8) hours in duration, which has been approved by the director under section 375.020.9(2), RSMo. (B) In addition to the requirements in section 375.020, RSMo, the curriculum for an initial training course shall consist of topics related to long-term care insurance, longterm care services and, if applicable, Qualified Long-Term Care 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 services and providers; 3. Changes of improvements in longterm care services or providers; 4. Alternatives to the purchase of private long-term care insurance; 5. The effect of inflation protection on benefits and the importance of inflation protection; and 6. Consumer suitability standards and guidelines, including 20 CSR 700-1.152. (C) The training required by this section shall not include training that is insurer or company product specific or that includes sales or marketing information, materials or training, other than those required by state or federal law. (3) Ongoing Duty to Obtain Training. (A) A producer shall not sell, solicit or negotiate a Qualified Long-Term Care Partnership Plan after renewal unless prior to each biennial license renewal under section 375.018, RSMo, the producer has completed four (4) hours of training, which has been approved by the director under section 375.020.9(2), RSMo, and includes the content required in subsection (2)(B). (4) Producer Competence. The failure of a producer to meet the qualifications required shall constitute a violation of the rule, subjecting the producer to enforcement action by the director. Failure to comply with the requirements also demonstrates incompetence, subjecting a producer to discipline or disqualification under the provisions of 375.141, RSMo. (5) Insurer Supervision. Insurers subject to this regulation shall obtain verification that a producer receives training required in this rule before a producer is permitted to sell, solicit or negotiate the insurer’s Qualified Long-Term Care Partnership Plans. The insurer shall maintain records of this verification subject to the state’s record retention requirements, and make that verification available to the director upon request. (6) Assurance of Training. Insurers subject to this rule shall maintain records with respect to the training of all producers soliciting, offering for sale or selling its partnership policies, which will allow the director to provide assurance to the state Medicaid agency that producers have received the training required in this rule and that producers have demonstrated an understanding of the partnership policies and their relationship to the public and private coverage of long-term care, including Medicaid, in this state. These records shall be maintained in accordance with the state’s record retention requirements and shall be made available to the director upon request. (7) The satisfaction of these training requirements in any state shall be deemed to satisfy the training requirements of this state. AUTHORITY: sections 208.696 and 375.143, RSMo Supp. 2007 and section 374.045, RSMo 2000.* Original rule filed Nov. 15, 2007, effective July 30, 2008. *Original authority: 208.696, RSMo 2007; 374.045, RSMo 1967, amended 1993, 1995; and 375.143, RSMo 2007.