28 Tex. Admin. Code § 19.1022 - Long-Term Care Partnership Certification Course
(a) Except as provided in subsection (b) of
this section, an individual may not perform any action constituting the act of
an agent under the Insurance Code §
4001.051 with regard
to a long-term care partnership insurance policy unless the individual:
(1) holds a current Life, Accident, and
Health license issued by the department; and
(2) has completed a long-term care
partnership certification course meeting the requirements of this
subchapter.
(b) An
individual who holds a current Life, Accident, and Health license issued by the
department and is performing an action constituting the act of an agent under
the Insurance Code §
4001.051 with regard
to a long-term care insurance policy at the time of the effective date of this
section may perform an action constituting the act of an agent under the
Insurance Code §
4001.051 with regard
to a long-term care partnership insurance policy at the time of the effective
date of this section, provided the individual completes a long-term care
partnership certification course meeting the requirements of this subchapter no
later than January 1, 2009.
(c)
This section establishes the standards for a long-term care partnership
certification course. The course shall:
(1)
be submitted to the department for approval in compliance with §
19.1007 of this subchapter
(relating to Course Certification Submission Applications, Course Expirations,
and Resubmissions);
(2) be at least
eight hours in length; and
(3)
cover the subjects described in subsection (g) of this section.
(d) Licensees may count a
long-term care partnership certification course toward completion of the
continuing education requirements prescribed in §
19.1003 of this subchapter
(relating to Licensee Requirements). If a licensee chooses to use a long-term
care partnership certification course to satisfy a portion of the continuing
education requirements prescribed in §19.1003, the licensee shall comply with §
19.1013 of this subchapter
(relating to Licensee Record Maintenance).
(e) A licensee shall maintain proof of
completion of a long-term care partnership certification course for a period of
four years from the date of completion of the course. Upon request, the
licensee shall provide proof of completion of the long-term care partnership
certification course to the department.
(f) A provider issued completion certificate
for a long-term care partnership certification course must comply with the
requirements of §
19.1011 of this subchapter
(relating to Requirements for Successful Completion of Continuing Education
Courses).
(g) Course subjects for a
long-term care partnership certification course outline must include topics
that address:
(1) long-term care
insurance;
(2) long-term care
services and providers;
(3)
qualified state long-term care insurance partnership programs, which must
include:
(A) state and federal
requirements;
(B) the relationship
between qualified state long-term care insurance partnership programs and other
public and private coverage of long-term care services, including
Medicaid;
(C) available long-term
care services and providers; and
(D) 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;
(6) consumer
suitability standards and guidelines;
(7) Medicaid eligibility criteria and
requirements, including financial eligibility criteria and requirements;
and
(8) asset disregard under
qualified state long-term care insurance partnership programs, including the
interaction between asset disregard and Medicaid rules.
(h) Providers must meet all of the
requirements of this subchapter before offering a long-term care partnership
certification course to licensees.
(i) A non-resident licensee is not required
to complete a long-term care partnership certification course required by this
subchapter if:
(1) the non-resident licensee
holds a comparable, current license issued in his or her home state;
(2) the home state of the non-resident
licensee qualifies as a long-term care partnership state;
(3) upon department request, an insurer who
has appointed the non-resident licensee is able to provide proof of the
non-resident licensee's completion of a long-term care partnership
certification course in the non-resident licensee's home state with
requirements substantially similar to those in this subchapter; and
(4) upon department request, the non-resident
licensee is able to provide proof of his or her completion of a long-term care
partnership certification course in his or her home state with requirements
substantially similar to those in this section.
(j) A non-resident licensee whose home state
does not qualify as a long-term care partnership state may comply with the
requirements of this subchapter by:
(1)
completing a department certified long-term care partnership certification
course in this state that meets the requirements of this subchapter;
or
(2) designating a home state
that qualifies as a long-term care partnership state and meeting the
requirements of subsection (i) of this section.
(k) Licensees that may qualify for the
exemptions provided under §
19.1004 of this subchapter
(relating to Licensee Exemption from and Extension of Time for Continuing
Education) are not exempt from the provisions of this section.
(l) Information and resource material
relating to the course subjects required in subsection (g) of this section,
including a section entitled, "Resource Document for Agent Training: Texas
Medicaid Eligibility and the Long-Term Care Partnership", may be found at the
following website sponsored by the Texas Long-Term Care Partnership, located at
www.ownyourfuturetexas.com.
Notes
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