NAC687B.051. Licensing and training requirements.

     1. A person may not sell, solicit or negotiate long-term care insurance unless the person:

     (a) Is licensed as a producer of insurance for health insurance;

     (b) Has successfully completed an initial course of training consisting of at least 8 hours; and

     (c) Successfully completes ongoing courses of training as specified in subsection 2.

     2. During each 24-month period, except for the initial 24-month period, a person described in subsection 1 must successfully complete an ongoing course of training consisting of at least 4 hours.

     3. The training required by subsections 1 and 2:

     (a) Must consist of topics relating 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:

          (1) 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, including Medicaid;

          (2) Available long-term care services and providers;

          (3) Changes or improvements in long-term care services or providers;

          (4) Alternatives to the purchase of private long-term care insurance;

          (5) The effect of inflation on benefits and the importance of inflation protection; and

          (6) Consumer suitability standards and guidelines.

     (b) May not include training that is specific to any insurer or company product or that includes any sales or marketing information, materials or training other than those required by state or federal law.

     4. A course of training that meets the requirements of subsection 3 may be approved as a continuing education course for licensure pursuant to NAC 683A.330 if the course satisfies the requirements of NAC 683A.335.

     5. The satisfaction of the training requirements of this section in any other state shall be deemed to satisfy the training requirements in this State.

     6. An insurer subject to the provisions of this section shall:

     (a) Obtain verification that a producer of insurance receives the training required pursuant to subsections 1 and 2 before the producer of insurance is permitted to sell, solicit or negotiate the insurer’s long-term care insurance;

     (b) Maintain records of verification of training subject to this State’s record retention requirements; and

     (c) Make all verifications of training available to the Commissioner upon request.

     7. An insurer that provides qualified state long-term care insurance partnership contracts shall:

     (a) On or before March 1 of each year, provide certification to the Commissioner that all partnership contracts issued by the insurer during the immediately preceding calendar year were sold by producers who have received adequate training, as described in subsection 3, and 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; and

     (b) Maintain records with respect to the training of its producers concerning the sale of partnership contracts that will allow the Commissioner to provide adequate assurances to the Division of Health Care Financing and Policy of the Department of Health and Human Services that the producers have received adequate training and 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. The insurer shall maintain the records of attendance and examination scores or certificates of completion pursuant to NAC 683A.340 for 4 years and shall make the records available to the Commissioner upon request.

     (Added to NAC by Comm’r of Insurance by R121-07, 9-18-2008, eff. 10-1-2008; A by R028-10, 12-16-2010, eff. 10-1-2011)

Notation

REVISER’S NOTE.

      The regulation of the Commissioner of Insurance filed with the Secretary of State on December 16, 2010, (LCB File No. R028-10), which amended this section, contains the following provision not included in NAC:

      “1.  Notwithstanding the provisions of subsection 1 of section 20 of LCB File No. R121-07 [NAC 687B.051], as amended by section 71 of this regulation, a person who is licensed as a producer of insurance for health insurance and who sells, solicits or negotiates long-term care insurance on or before October 1, 2011, must successfully complete the initial course of training required by paragraph (b) of subsection 1 of section 20 of LCB File No. R121-07 [NAC 687B.051], as amended by section 71 of this regulation, on or before October 1, 2012.

      2.  As used in this section:

      (a) “Health insurance” has the meaning ascribed to it in NRS 681A.030.

      (b) “Long-term care insurance” has the meaning ascribed to it in NAC 687B.030, as amended by section 20 of this regulation.

      (c) “Producer of insurance” has the meaning ascribed to it in NRS 679A.117.”