(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.

Source Note: The provisions of this §19.1022 adopted to be effective August 5, 2008, 33 TexReg 6138