(1) An individual may not sell, solicit or negotiate long term care insurance unless the individual is licensed as an insurance producer for health or life insurance and satisfies the following training requirements:
(a) The individual must complete a one-time training course of not less than eight hours before selling, soliciting or negotiating long term care insurance; and
(b) The individual must complete ongoing training of not less than four hours in each 24-month period following the one-time training course.
(2) The Director of the Department of Consumer and Business Services may approve as continuing education courses under ORS 744.072 any courses offered to satisfy the training requirements of this section.
(3) The training required by this section must consist of topics related to long term care insurance, long term care services and, if applicable, qualified state long term care insurance partnership programs, including but not limited to:
(a) State and federal rules and requirements and the relationship between qualified state long term care insurance partnership programs and other public and private coverage of long term care services, including Medicaid.
(b) Available long term care services and providers.
(c) Changes or improvements in long term care services or providers.
(d) Alternatives to the purchase of private long term care insurance.
(e) The effect of inflation on benefits and the importance of inflation protection.
(f) Consumer suitability standards and guidelines.
(4) The training required by this section may 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.
(5) An insurer must:
(a) Obtain verification that an insurance producer receives training required by this section before an insurance producer sells, solicits or negotiates the insurer’s long term care insurance products.
(b) Maintain records subject to the state’s record retention requirements.
(c) Make the verification obtained under paragraph (a) of this subsection available to the director upon request.
(6) An insurer must maintain records with respect to the training of its insurance producers concerning the distribution of its partnership policies that will allow the director to provide assurance to the state Medicaid agency that insurance producers have received training on the topics described in subsection (3)(a) of this section and that insurance producers have demonstrated an understanding of the partnership policies and their relationship to public and private coverage of long term care, including Medicaid, in this state. An insurer must make the records available to the director upon request.
(7) The satisfaction in any state of the training required by this section is considered to satisfy the training required by this section. [2007 c.486 §9]
Note: Section 9a, chapter 486, Oregon Laws 2007, provides:
Sec. 9a. An individual who is licensed on the effective date of this 2007 Act [June 20, 2007] and is subject to the requirements of section 9 (1) of this 2007 Act [744.808 (1)] must, not later than January 31, 2008:
(1) Complete the entire one-time training course required under section 9 (1)(a) of this 2007 Act;
(2) Satisfy qualifications equivalent to the training requirement under section 9 (1)(a) of this 2007 Act as specified by the Director of the Department of Consumer and Business Services by rule; or
(3) Satisfy the training requirement under section 9 (1)(a) of this 2007 Act in part by completing a portion of the one-time training course and for the remainder by satisfying qualifications specified by the director by rule. [2007 c.486 §9a]
Section: Previous 744.081 744.082 744.083 744.084 744.085 744.086 744.087 744.088 744.089 744.090 744.091 744.093 744.095 744.100 744.105 NextLast modified: August 7, 2008