§ 6 — Producer training requirements

Section 6. (a)(1) An individual shall not sell, solicit or negotiate long-term care insurance in the commonwealth unless the individual is licensed as an insurance producer for accident and sickness or life and has completed a 1–time training course. The training shall meet the requirements set forth in subsection (b).(2) In addition to the 1–time training course required in paragraph (1), an individual who sells, solicits or negotiates long-term care insurance shall complete ongoing training as set forth in subsection (b).(b)(1) The 1–time training required by this section shall be not less than 8 hours and the ongoing training required by this section shall be not less than 4 hours every 24 months; provided, however, that the training hours under this section shall be included as part of the required continuing education hours as set forth in subsection B of section 177E of chapter 175.(2) The training shall consist of topics related to long-term care insurance, long-term care services and the commonwealth's minimum long-term care coverage requirements for certain asset and liability exemptions under the MassHealth program, including: (i) state and federal regulations and requirements and the relationship between asset and liability exemptions under the MassHealth program and other public and private coverage of long-term care services, including MassHealth; (ii) available long-term services and providers; (iii) changes or improvements in long-term care services or providers; (iv) alternatives to the purchase of private long-term care insurance; (v) the effect of inflation on benefits and the importance of inflation protection; and (vi) consumer suitability standards and guidelines.(3) The training required by this section shall not include training that is insurer or company product specific or that includes any sales or marketing information, materials or training other than those required by state or federal law.(c)(1) Insurers subject to this chapter shall obtain verification that a producer receives training required by this section before the producer shall be authorized to sell, solicit or negotiate the insurer's long-term care insurance products and shall maintain records subject to the laws relative to record retention requirements and make that verification available to the commissioner upon request.(2) Insurers subject to this chapter shall maintain records with respect to the training of its producers concerning the distribution of its policies intended to satisfy the commonwealth's minimum long-term care coverage requirements for certain asset and liability exemptions under the MassHealth program that will allow the division of insurance to provide assurance to the department of medical assistance that producers have received the training required by this section and that producers have demonstrated an understanding of the policies and their relationship to public and private coverage of long-term care, including MassHealth, in the commonwealth. The records shall be maintained in accordance with the laws relative to record retention requirements and shall be made available to the commissioner upon request.(d) The satisfaction of comparable training requirements in any state shall be deemed to satisfy the training requirements under this section.