Sec. 31.14.01.34. Producer Training Requirements

A. An insurance producer is not authorized to sell, solicit, or negotiate with respect to long-term care insurance except as authorized by Insurance Article, Title 10, Subtitle 1, Annotated Code of Maryland.

B. An individual may not sell, solicit, or negotiate long-term care insurance unless the individual is licensed as an insurance producer for health insurance or life insurance and complies with the following training requirements:

(1) Completes a one-time training course before:

(a) The date the individual sells, solicits, or negotiates long-term care insurance in Maryland, if the individual is not licensed and selling, soliciting, or negotiating long-term care insurance on the effective date of this regulation; or

(b) September 10, 2008, if the individual is already licensed and selling, soliciting, or negotiating long-term care insurance on the effective date of this regulation; and

(2) Completes ongoing training every 24 months after completing the one-time training course described in §B(1) of this regulation.

C. The training required by §B of this regulation shall meet the requirements set forth in §E of this regulation.

D. The training requirements of §E of this regulation may be approved as continuing education courses under Insurance Article, §10-116, Annotated Code of Maryland.

E. Specific Training Requirements for Solicitation of Long-Term Care Insurance.

(1) Required Length of Training.

(a) The one-time training required by §B(1) of this regulation may not be less than 8 hours.

(b) The ongoing training required by §B(2) of this regulation may not be less than 4 hours.

(2) The training required under §E(1) of this regulation shall consist of topics related to long-term care insurance, long-term care services, and qualified 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 care 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 regulation may not include training that:

(a) Is insurer or company product specific; or

(b) Includes any sales or marketing information, materials, or training, other than those required by State or federal law.

F. Insurers subject to this chapter shall:

(1) Obtain verification that an insurance producer receives training required by §B of this regulation before an insurance producer is permitted to sell, solicit, or negotiate the insurer's long-term care insurance products;

(2) Maintain records subject to the State's record retention requirements; and

(3) Make the verification described in §F(1) of this regulation available to the Commissioner upon request.

G. Maintenance of Records.

(1) Insurers subject to this chapter shall maintain records with respect to the training of its insurance producers concerning the distribution of its Partnership policies that will allow the Maryland Insurance Administration to provide assurance to the State Medicaid agency that insurance producers have:

(a) Received the training contained in §E(2)(a) of this regulation as required by §B of this regulation; and

(b) Demonstrated an understanding of the Partnership policies and their relationship to public and private coverage of long term care, including Medicaid, in Maryland.

(2) The records required by §G(1) of this regulation shall be:

(a) Maintained in accordance with the State's record retention requirements; and

(b) Made available to the Commissioner upon request.

H. The satisfaction of the training requirements described in this regulation in any state shall be deemed to satisfy the training requirements in Maryland.