<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".34" citation="COMAR 31.14.01.34" title_num="31" subtitle_num="14" chapter_num="01" heading="Producer Training Requirements.">
  <paragraph num="A.">
    <text>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.</text>
  </paragraph>
  <paragraph num="B.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>Completes a one-time training course before:</text>
      <paragraph num="(a)">
        <text>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</text>
      </paragraph>
      <paragraph num="(b)">
        <text>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</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Completes ongoing training every 24 months after completing the one-time training course described in §B(1) of this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>The training required by §B of this regulation shall meet the requirements set forth in §E of this regulation.</text>
  </paragraph>
  <paragraph num="D.">
    <text>The training requirements of §E of this regulation may be approved as continuing education courses under Insurance Article, §10-116, Annotated Code of Maryland.</text>
  </paragraph>
  <paragraph num="E.">
    <text>Specific Training Requirements for Solicitation of Long-Term Care Insurance.</text>
    <paragraph num="(1)">
      <text>Required Length of Training.</text>
      <paragraph num="(a)">
        <text>The one-time training required by §B(1) of this regulation may not be less than 8 hours.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The ongoing training required by §B(2) of this regulation may not be less than 4 hours.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Available long-term care services and providers;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Changes or improvements in long-term care services or providers;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Alternatives to the purchase of private long-term care insurance;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>The effect of inflation on benefits and the importance of inflation protection; and</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Consumer suitability standards and guidelines.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>The training required by this regulation may not include training that:</text>
      <paragraph num="(a)">
        <text>Is insurer or company product specific; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Includes any sales or marketing information, materials, or training, other than those required by State or federal law.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Insurers subject to this chapter shall:</text>
    <paragraph num="(1)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Maintain records subject to the State's record retention requirements; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Make the verification described in §F(1) of this regulation available to the Commissioner upon request.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>Maintenance of Records.</text>
    <paragraph num="(1)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>Received the training contained in §E(2)(a) of this regulation as required by §B of this regulation; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Demonstrated an understanding of the Partnership policies and their relationship to public and private coverage of long term care, including Medicaid, in Maryland.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The records required by §G(1) of this regulation shall be:</text>
      <paragraph num="(a)">
        <text>Maintained in accordance with the State's record retention requirements; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Made available to the Commissioner upon request.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>The satisfaction of the training requirements described in this regulation in any state shall be deemed to satisfy the training requirements in Maryland.</text>
  </paragraph>
</regulation>