(a)

lawyer at desk

Ask an insurance law question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Tennessee Code 56-42-109

  • Commissioner: means the commissioner of commerce and insurance. See Tennessee Code 56-42-103
  • Department: means the department of commerce and insurance. See Tennessee Code 56-1-102
  • Long-term care insurance: includes group and individual annuities and life insurance policies or riders that provide directly or supplement long-term care insurance. See Tennessee Code 56-42-103
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means any association, aggregate of individuals, business, company, corporation, individual, joint-stock company, Lloyds-type organization, organization, partnership, receiver, reciprocal or interinsurance exchange, trustee or society. See Tennessee Code 56-16-102
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(1) An individual may not sell, solicit or negotiate long-term care insurance unless the individual is licensed as an insurance producer for accident and health or sickness or life and has completed a one-time, eight-hour training course. A person currently authorized to sell long-term care insurance may continue to sell the long-term care insurance after July 1, 2008, as long as the person completes a one-time, eight-hour training course by or before July 1, 2009.
(2) The training requirements of subsection (b) may be approved as continuing education courses under § 56-6-107(c) and any rules promulgated under § 56-6-107(c).
(b)

(1) Continuing education, as established by rule, may be required of all licensed producers who sell, solicit or negotiate long-term care insurance; provided, that they are not otherwise exempt from continuing education pursuant to § 56-6-107(c).
(2) The training required under subdivision (b)(1) 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:

(A) 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;
(B) Available long-term services and providers;
(C) Changes or improvements in long-term care services or providers;
(D) Alternatives to the purchase of private long-term care insurance;
(E) The effect of inflation on benefits and the importance of inflation protection; and
(F) Consumer suitability standards and guidelines.
(3) 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.
(c)

(1) Insurers subject to this chapter shall:

(A) Obtain verification that a producer receives training as required by subdivisions (a)(1) and (b)(1) prior to selling, soliciting or negotiating the insurer’s long-term care insurance products;
(B) Maintain a record of such verification subject to the state’s record retention requirements; and
(C) Make the record available to the commissioner upon request.
(2) Insurers subject to this chapter shall maintain records with respect to the training of its producers concerning the distribution of its partnership policies that will allow the department to provide assurance to the state medicaid agency that producers have received the training contained in subdivision (b)(2)(A) as required by subdivision (a)(1), 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 this 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.
(d) The satisfaction of these training requirements in any state shall be deemed to satisfy the training requirements in this state.
  Previous section
Next section  
 Chapter 42 Contents