In this subtitle the following words have the meanings indicated. “Commissioner” means the Insurance Commissioner. “Program” means the Qualified State Long–Term Care Insurance Partnership.

There is a Qualified State Long–Term Care Insurance Partnership. The purposes of the Program are to: Provide incentives for individuals to insure against the costs of providing for their long–term care needs; Provide mechanisms for individuals to qualify for coverage of the costs of their long–term care needs under the medical assistance program without first being required to substantially exhaust all their resources; Assist in developing methods for increasing access to and the affordability of a long–term care policy; and Alleviate the financial burden on the State’s medical assistance program by encouraging pursuit of private initiatives. The Program shall: Be administered by: The Department; and The Commissioner; Provide for the financing of long–term care services by: Private insurance; and State medical assistance; and Comply with the requirements of § 1917(b) of the Social Security Act and any applicable federal guidelines.

To be eligible for the Program, an individual must: Be covered by a long–term care policy that is approved for the Program by the Commissioner under § 15–404 of this subtitle; and Satisfy any other requirement for eligibility established by the Department. Program eligibility may not be denied under this section for policy benefits that are not available or appropriate for treating the insured’s condition.

To qualify under the Program, a long–term care policy shall: Satisfy the requirements of § 1917(b) of the Social Security Act and any applicable federal guidelines; Satisfy the requirements of Title 18 of the Insurance Article; and Alert the purchaser to the availability of consumer information and public education provided by the Commissioner under § 15–406 of this subtitle in accordance with any applicable federal guidelines.

In determining eligibility for medical assistance, an amount of resources equal to the amount of benefits paid under the long–term care policy shall be excluded from the Department’s calculation of the individual’s resources.

The Commissioner, through the Consumer Education and Advocacy Program, shall undertake measures to educate the public as to: The need for long–term care; Mechanisms for financing long–term care; The availability of long–term care insurance; and The asset protection provided under this subtitle.

The Department and the Commissioner shall jointly: Adopt regulations necessary to carry out the provisions of this subtitle consistent with § 1917(b) of the Social Security Act and any applicable federal guidelines; and Beginning January 1, 2009, and on or before January 1 of each year thereafter, report to the General Assembly, in accordance with § 2–1257 of the State Government Article on: The effectiveness of the Program; The impact of the Program on State expenditures for medical assistance; The number of enrollees in the Program; and The number of long–term care policies offered in the State under the Program.

The Department shall develop a process for providing information about the availability of the State’s earned income tax credit established under § 10–704 of the Tax – General Article to each Program enrollee or potential Program enrollee when providing information about the Program.