(a)

1. (1) A producer is not authorized to sell, solicit, or negotiate with respect to long-term care insurance except as authorized by Arkansas Code § 23-64-501 et seq.

2. (2)

   1. (A) An individual may not sell, solicit, or negotiate long-term care insurance unless the individual:

(i) Is licensed as an insurance producer for accident and health or sickness or life; and

1. (ii) Has completed a one-time training course by or before January 1, 2009.

   1. (B)

      1. (i) In addition, an insurer shall assure that no individual may sell, solicit, or negotiate long-term care insurance until such individual meets the insurer’s training requirements.
      2. (ii) The training shall meet the requirements set forth in subsection (b) of this section.
2. (3) An individual already licensed and selling, soliciting, or negotiating long-term care insurance on July 1, 2008, may not continue to sell, solicit, or negotiate long-term care insurance unless the individual has completed a one-time training course as set forth in subsection (b) of this section within one (1) year from the effective date of this part by or before July 1, 2009.
3. (4) In addition to the one-time training course required in subdivisions (a)(1) and (2) of this section, an individual who sells, solicits, or negotiates long-term care insurance shall complete ongoing training as set forth in subsection (b) of this section.
4. (5) The training requirements of subsection (b) of this section may be approved as continuing education courses under Arkansas Code § 23-64-301 et seq.

(b)

1. (1) The one-time training required by this section shall be no less than eight (8) hours, and the ongoing training required by this section shall be no less than four (4) hours every twenty-four (24) months.

2. (2) The training required under subdivision (b)(1) of this section shall consist of topics related to long-term care insurance, long-term care services, and the Arkansas Long-Term Care Partnership Program, which topics shall include, but not be limited to:

   1. (A) State and federal regulations 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;
   2. (B) Available long-term services and providers;
   3. (C) Changes or improvements in long-term care services or providers;
   4. (D) Alternatives to the purchase of private long-term care insurance;
   5. (E) The effect of inflation on benefits and the importance of inflation protection; and
   6. (F) Consumer suitability standards and guidelines.

3. (3)

   1. (A) The training required by this section shall also include training outlining state Medicaid and Arkansas Long-Term Care Partnership Program requirements.
   2. (B) Refer to the Arkansas Long-Term Care Partnership Agent Training Guidelines as maintained by the State Insurance Department on its website or otherwise.

4. (4) The training required by this section shall not include training that:

   1. (A) Is insurer-specific or company product-specific; or

   2. (B) Includes any sales or marketing information, materials, or training other than those required by state or federal law.

      1. (c)

5. (1) Insurers subject to this part shall:

   1. (A) Obtain verification that a producer receives training required by subsection (a) of this section before a producer is permitted to sell, solicit, or negotiate the insurer’s long-term care insurance products;
   2. (B) Maintain records subject to the state’s record retention requirements; and
   3. (C) Make that verification available to the Insurance Commissioner upon request.

6. (2)

   1. (A) Insurers subject to this part shall maintain records with respect to the training of its producers concerning its Arkansas Long-Term Care Partnership Program policies that will allow the department to provide assurance to the state Medicaid agency that producers have:

      1. (i) Received the training contained in subdivision (b)(2)(A) of this section as required by subsection (a) of this section; and
      2. (ii) Demonstrated an understanding of the Arkansas Long-Term Care Partnership Program policies and their relationship to public and private coverage of long-term care, including Medicaid, in this state.

   2. (B) These records shall be:

      1. (i) Maintained in accordance with the state’s record retention requirements; and
      2. (ii) Made available to the commissioner upon request.
      3. (d) The satisfaction of these training requirements in any state shall be deemed to satisfy the training requirements in this state.