(a) Insurer training verification and certification
requirements for agents. The following requirements apply to an insurer
that is offering partnership policies or certificates in this state.
(1) The insurer is required to obtain verification
that an agent has received the training specified in §19.1022
of this title (relating to Long-Term Care Partnership Certification
Course).
(2) Pursuant to the Insurance Code §1651.105(b),
the insurer is required to certify to the commissioner that each agent
who sells partnership policies or certificates on behalf of the insurer
complies with the training requirements of this subsection. The initial
certification must be submitted on Form Number LHL571(LTC) Long-Term
Care Partnership Agent Training Certification Initial Reporting Form
as specified in Figure: 28 TAC §3.3874(b)(6)(A). Any subsequent
certification must be submitted on Form Number LHL572(LTC) Long-Term
Care Partnership Agent Training Certification Form, as specified in
Figure: 28 TAC §3.3874(b)(6)(B).
(3) The insurer is required to maintain records of
the verification required in paragraph (1) of this subsection for
at least four years from the date the verification is received, and
the department or its designee may review these records at any time.
(b) Agent training certification form requirements.
The following requirements and procedures apply to Form Number LHL571(LTC)
Long-Term Care Partnership Agent Training Certification Initial Reporting
Form as specified in Figure: 28 TAC §3.3874(b)(6)(A) and Form
Number LHL572(LTC) Long-Term Care Partnership Agent Training Certification
Form, as specified in Figure: 28 TAC §3.3874(b)(6)(B):
(1) The text must be in at least 10-point type and
must follow the order of the information presented in Figure: 28 TAC §3.3874(b)(6)(A)
and in Figure: 28 TAC §3.3874(b)(6)(B).
(2) The text of Form Number LHL571(LTC) as specified
in Figure: 28 TAC §3.3874(b)(6)(A) and the text of Form Number
LHL572(LTC) as specified in Figure: 28 TAC §3.3874(b)(6)(B) are
mandated; the format for the forms is a recommended format. An insurer
may format the mandated text in a different format from that specified
in Figure: 28 TAC §3.3874(b)(6)(A) and Figure: 28 TAC §3.3874(b)(6)(B)
if the insurer files the reformatted certification form for review
and approval by the commissioner.
(3) Any reformatted certification form that is filed
for approval pursuant to paragraph (2) of this subsection must be
filed no later than 60 days prior to use and is subject to the requirements
and procedures set forth in Subchapter A of this chapter (relating
to Submission Requirements for Filings and Departmental Actions Related
to Such Filings).
(4) Any reformatted certification form filed pursuant
to paragraph (2) of this subsection should be filed with the Texas
Department of Insurance, Life and Health Division, Filings Intake,
MC-LH-LHL, P.O. Box 12030, Austin, Texas 78711-2030.
(5) Form Number LHL571(LTC) and Form Number LHL572(LTC)
may be obtained from the Texas Department of Insurance, Life and Health
Division, Life and Health Lines, MC-LH-LHL, P.O. Box 12030, Austin,
Texas 78711-2030, or from the department's website at www.tdi.texas.gov/forms.
(6) Representations of Form Number LHL571(LTC) Long-Term
Care Partnership Agent Training Certification Initial Reporting Form
and Form Number LHL572(LTC) Long-Term Care Partnership Agent Training
Certification Form are specified in subparagraphs (A) and (B) of this
paragraph.
(A) A representation of Form Number LHL571(LTC) is
as follows:
Attached Graphic
(B) A representation of Form Number LHL572(LTC) is
as follows:
Attached Graphic
(c) Agent training certification filing requirements.
An insurer offering partnership policies or certificates in this state
must submit for the initial certification to the department Form Number
LHL571(LTC) Long-Term Care Partnership Agent Training Certification
Initial Reporting Form containing the text as specified in Figure:
28 TAC §3.3874(b)(6)(A) and submit for the subsequent annual
certifications to the department Form Number LHL572(LTC) Long-Term
Care Partnership Agent Training Certification Form, containing the
text as specified in Figure: 28 TAC §3.3874(b)(6)(B), to certify
that each individual who sells a long-term care benefit plan for the
insurer under the Long-Term Care Partnership Program has completed
training and demonstrated evidence of understanding long-term care
partnership insurance contracts and how they relate to other public
and private coverage of long-term care policies.
(1) The initial certification Form Number LHL571(LTC)
must be submitted to the department between June 1, 2009 and June
30, 2009, and the subsequent annual certification Form Number LHL572(LTC)
must be submitted annually between January 1 and January 31 of each
year for the preceding calendar year beginning in 2010.
(2) Form Number LHL571(LTC) and Form Number LHL572(LTC)
are informational filings pursuant to §3.5(b)(1) of this title
(relating to Filing Authorities and Categories) and are subject to
the requirements and procedures set forth in Subchapter A of this
chapter.
(3) Any certification form submitted pursuant to this
subsection should be filed with the Texas Department of Insurance,
Life and Health Division, Filings Intake, MC-LH-LHL, P.O. Box 12030,
Austin, Texas 78711-2030.
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