Current through Reg. 50, No. 13; March 28, 2025
(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)
andin 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)
andthe 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)
andFigure: 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.
