2010 Tennessee Code
Title 56 - Insurance
Chapter 42 - Long-Term Care Insurance Act
56-42-109 - Producer training requirements.

56-42-109. Producer training requirements.

(a)  (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.

[Acts 2008, ch. 1058, § 12.]