§ 39a.9. Training requirements for insurance producers.
(a) General information. The training requirements of this section are separate and independent from the continuing education requirements for insurance producers. The satisfaction of these training requirements by a nonresident insurance producer in his home state shall be deemed to satisfy the training requirements in this Commonwealth.
(b) Long-term care insurance.
(1) An individual may not sell, solicit or negotiate long-term care insurance unless the individual is licensed as an insurance producer for accident and health and has completed the training required under paragraph (4).
(2) An individual already licensed as an insurance producer and selling, soliciting or negotiating long-term care insurance on April 1, 2011, may not continue to sell, solicit or negotiate long-term care insurance unless the individual has completed the training required under paragraph (4).
(3) A course designed to provide the training required under paragraph (4) may be approved as a continuing education course under section 602-A(a)(2) of the act (40 P. S. § 310.2(a)(2)), regarding powers and duties of Department.
(4) The following apply to the training required by this paragraph:
(i) An insurance producer, licensed as of April 1, 2011:
(A) Who has not yet completed an 8-hour training course on long-term care insurance shall complete at least 8 hours of training by April 1, 2012.
(B) That sells, solicits or negotiates long-term care partnership policies shall complete, as part of the 8-hour requirement, a 1-hour course related to the Medical Assistance Program (Medicaid) prior to engaging in any marketing activity of partnership policies.
(ii) An individual, licensed after April 1, 2011, to sell long-term care insurance, shall complete the requirements in subparagraph (i)(A) and (B) prior to selling, soliciting or negotiating long-term care insurance.
(iii) The ongoing training requirement shall be at least 4 hours in every subsequent 24 month licensing cycle.
(5) The training required under paragraph (4) must consist of topics related to long-term care insurance, long-term care services and, if applicable, qualified State long-term care insurance partnership policies, including:
(i) State and Federal regulations and requirements and the relationship between qualified State long-term care insurance partnership policies and other public and private coverage of long-term care services, including Medicaid.
(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.
(vi) Consumer suitability standards and guidelines.
(6) Completion of the training required under paragraph (4) shall be sufficient to demonstrate evidence of an insurance producer’s understanding of the topic specified in paragraph (5)(i).
(7) The training required under paragraph (4) may not include training that is product-specific to any insurer or company or include any sales or marketing information, materials or training, other than those required by State and Federal law.
(c) Requirements for insurers. Insurers writing long-term care insurance in this Commonwealth shall do all of the following:
(1) Obtain proof that an insurance producer has received the training required under this section before permitting the insurance producer to sell, solicit or negotiate the insurer’s long-term care insurance products.
(2) Maintain records as required under paragraph (1) in accordance with the Commonwealth’s record retention guidelines for insurers as published in the Pennsylvania Bulletin.
(3) Make the information required under paragraph (1) available to the Commissioner upon request.
(d) Flood insurance. Resident insurance producers who sell Federal flood insurance policies shall comply with the minimum training requirements of section 207 of the Bunning-Bereuter-Blunenauer Flood Insurance Reform Act of 2004 (42 U.S.C.A. § 4011) (Pub.L. No. 108-264) and basic flood education as outlined at 70 FR 52117 (September 1, 2005) or later requirements as published by the Federal Emergency Management Agency.
(e) Compliance. An insurance producer or insurer that fails to comply with this section shall be subject to penalties in accordance with sections 611-A(2) and 691-A of the act (40 P. S. § § 310.11(2) and 310.91), regarding prohibited acts and enforcement by the Department.
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