1. (a)

   1. (1) Each insurer shall establish and maintain procedures that assure that producers soliciting the insurer’s PQLTC policies are in compliance with 23 CAR § 125-106 and the training required by Long-Term Care Insurance, 23 CAR pt. 84.
   2. (2) The procedures and records of the insurer shall be made available to the Insurance Commissioner upon request by the commissioner.
   3. (3) In addition, issuers shall complete the Producer Training Certification found in the Issuer Certification Form attached as Appendix C to this part.

2. (b)

   1. (1) Each insurer shall establish and maintain procedures assuring that each PQLTC policy issued or issued for delivery in Arkansas shall be accompanied by the Policy Disclosure Form, attached as Appendix B to this part, which explains the benefits associated with a PQLTC policy and indicates that, at the time the policy is issued, the policy is intended to be a PQLTC policy.
   2. (2) A similar notice may be used if filed and approved by the commissioner.
   3. (3) In determining whether to provide this notice with respect to a policy, the issuer of the policy may rely upon a statement by the policyholder, certificate holder, or insured that the insured is a resident of Arkansas.
   4. (4) In the case of a group insurance contract, such notice must be provided to the insured under a certificate upon the issuance of the certificate.

3. (c)

   1. (1) Each insurer shall submit an Issuer Certification Form, attached as Appendix C to this part, identifying each policy form intended for use as a PQLTC policy and certifying such form’s compliance with this part.
   2. (2) An insurer may submit supplemental Issuer Certification Forms to identify and certify additional policy forms that are intended for use as a PQLTC policy.

   3. (3)

      1. (A) If there is a change made by the United States Secretary of Health and Human Services, pursuant to Section 1917(b)(5)(C) of the Social Security Act (42 U.S.C. § 1396p(b)(5)(C)), in the provisions of the National Association of Insurance Commissioners’ Long-Term Care Insurance Model Act or Regulation that apply to new PQLTC policies, appropriate modifications will be made to the Issuer Certification Form to reflect the new requirements.
      2. (B) In the event such modifications are made to the Issuer Certification Form, the State Insurance Department shall notify long-term care insurers of the changes through a bulletin, directive, or other public notice describing such changes.

4. (d)

   1. (1) Pursuant to Section 1917(b)(1)(C)(iii)(VI) and (v) of the Social Security Act (42 U.S.C. § 1396p(b)(1)(C)(iii)(VI) and (v), respectively), issuers of PQLTC policies must provide regular reports to the United States Secretary of Health and Human Services in accordance with any regulations of the United States Secretary of Health and Human Services.

   2. (2) Until final regulations or other applicable guidelines are issued and become effective by the United States Secretary of Health and Human Services, issuers of policies must provide:

      1. (A) A written notification to the United States Secretary of Health and Human Services regarding when insurance benefits provided under PQLTC policies have been paid and the amount of such benefits paid; and
      2. (B) A written notification to the United States Secretary of Health and Human Services regarding when such policies terminate.
   3. (3) Such notifications must be provided within sixty (60) days of the end of each calendar year with respect to benefits paid and terminations during such year or, in the case of terminations resulting from death, within the later of sixty (60) days after the end of the calendar year of death or one hundred twenty (120) days after notification of death has been received by the issuer of the policy.
   4. (4) Until final regulations or other applicable guidelines are issued and become effective by the United States Secretary of Health and Human Services, including guidelines or regulations specifying a federal uniform minimum data set pursuant to Section 1917(b)(1)(C)(iii)(VI), (v), and (vi) of the Social Security Act (42 U.S.C. § 1396p(b)(1)(C)(iii)(VI), (v), and (vi)), appropriate modifications shall be made to these interim reporting requirements to reflect the availability of information from the United States Secretary of Health and Human Services.

   5. (5)

      1. (A) As described above, PQLTC policies that cover more than one (1) insured are treated as separate PQLTC policies, each of which covers a single insured.
      2. (B) Thus, the reporting requirements described herein shall apply with respect to each such separate PQLTC policy.

Codification Notes: “PQLTC” means partnership-qualified long-term care.