191—39.15 (514D,514G) Standards for marketing.
	 39.15(1) Every insurer, health care service plan or other entity marketing long-term care insurance coverage in this state, directly or through its producers, shall:
	  a.   	 Establish marketing procedures to ensure that any comparison of policies by its producers or by other producers will be fair and accurate.
	  b.   	 Establish marketing procedures to ensure that excessive insurance is not sold or issued.
	  c.   	 Display prominently by type, stamp or other appropriate means, on the first page of the outline of coverage and policy, the following:
“Notice to buyer: This policy may not cover all of the costs associated with long-term care incurred by the buyer during the period of coverage. The buyer is advised to review carefully all policy limitations.”
	  d.   	 Inquire and otherwise make every reasonable effort to identify whether a prospective applicant or enrollee for long-term care insurance already has accident and sickness or long-term care insurance and the types and amounts of any such insurance.
	  e.   	 Every insurer or entity marketing long-term care insurance shall establish auditable procedures for verifying compliance with this subrule.
	  f.   	 If the state in which the policy or certificate is to be delivered or issued for delivery has a senior insurance counseling program approved by the commissioner, the insurer shall, at solicitation, provide written notice to the prospective policyholder and certificate holder that such a program is available and the name, address and telephone number of the program.
	  g.   	 For long-term care health insurance policies and certificates, use the terms “noncancellable” or “level premium” only when the policy or certificate conforms to paragraph 39.6(1)“b.”
	  h.   	 Provide an explanation of contingent benefit upon lapse provided for in 39.29(6)“c.”
	 39.15(2) In addition to the practices prohibited in Iowa Code chapter 507B, the following acts and practices are prohibited:
	  a.   	 Twisting. Knowingly making any misleading representation or incomplete or fraudulent comparison of any insurance policies or insurers for the purpose of inducing, or tending to induce, any person to lapse, forfeit, surrender, terminate, retain, pledge, assign, borrow on, or convert any insurance policy or to take out a policy of insurance with another insurer.
	  b.   	 High-pressure tactics. Employing any method of marketing having the effect of or tending to induce the purchase of insurance through force, fright, threat, whether explicit or implied, or undue pressure to purchase or recommend the purchase of insurance.
	  c.   	 Cold-lead advertising. Making use directly or indirectly of any method of marketing which fails to disclose in a conspicuous manner that a purpose of the method of marketing is solicitation of insurance and that contact will be made by an insurance producer or insurance company.
	  d.   	 Misrepresentation. Misrepresenting a material fact in selling or offering to sell a long-term care insurance policy.
	 39.15(3) Association marketing.
	  a.   	 When a group long-term care insurance policy is issued to an association or a trust or the trustees of a fund established, created or maintained for the benefit of members of one or more associations, the association or associations, or the insurer of the association or associations, shall, prior to advertising, marketing or offering the policy within this state, file evidence with the commissioner that the association or associations have at the outset a minimum of 100 persons and have been organized and maintained in good faith for purposes other than that of obtaining insurance; have been in active existence for at least one year; and have a constitution and bylaws that provide that:
	 (1) 	 The association or associations hold regular meetings not less than annually to further purposes of the members;
	 (2) 	 Except for credit unions, the association or associations collect dues or solicit contributions from members; and
	 (3) 	 The members have voting privileges and representation on the governing board and committees.
Thirty days after the filing, the association or associations will be deemed to satisfy the organizational requirements, unless the commissioner makes a finding that the association or associations do not satisfy those organizational requirements.
	  b.   	 When a professional, trade, or occupational association is issued a group long-term care policy for its members or retired members or combination thereof, the association shall have as its primary responsibility, when endorsing or selling long-term care insurance, to educate its members concerning long-term care issues in general so that its members can make informed decisions. Associations shall provide objective information regarding long-term care insurance policies or certificates endorsed or sold by such associations to ensure that members of such associations receive a balanced and complete explanation of the features in the policies or certificates that are being endorsed or sold.
	 (1) 	 The insurer shall file with the insurance division the following material:
	  1. 	 The policy and certificate;
	  2. 	 A corresponding outline of coverage; and
	  3. 	 All advertisements requested by the insurance division.
	 (2) 	 The association shall disclose in any long-term care insurance solicitation the specific nature and amount of the compensation arrangements (including all fees, commissions, administrative fees and other forms of financial support) that the association receives from endorsement or sale of the policy or certificate to its members; and a brief description of the process under which the policies and the insurer issuing the policies were selected.
	 (3) 	 If the association and the insurer have interlocking directorates or trustee arrangements, the association shall disclose that fact to its members.
	 (4) 	 The board of directors of associations selling or endorsing long-term care insurance policies or certificates shall review and approve the insurance policies as well as the compensation arrangements made with the insurer.
	 (5) 	 The association shall also:
	  1. 	 At the time of the association’s decision to endorse, engage the services of a person with expertise in long-term care insurance who is not affiliated with the insurer to conduct an examination of the policies, including its benefits, features, and rates and update the examination thereafter in the event of material change;
	  2. 	 Actively monitor the marketing efforts of the insurer and its producers; and
	  3. 	 Review and approve all marketing materials or other insurance communications used to promote sales or sent to members regarding the policies or certificates.
Numbered paragraphs “1” through “3” shall not apply to qualified long-term care insurance contracts.
	 (6) 	 No group long-term care insurance policy or certificate may be issued to an association unless the insurer files with the insurance division the information required in this subrule.
	 (7) 	 The insurer shall not issue a long-term care policy or certificate to an association or continue to market such a policy or certificate unless the insurer certifies annually that the association has complied with the requirements set forth in this subrule.
	 (8) 	 Failure to comply with the filing and certification requirements of this subrule constitutes an unfair trade practice in violation of Iowa Code chapter 507B.
	 39.15(4) Producer training requirements.
	  a.   	 Purpose. The purpose of this subrule is to require certain specific minimum training for insurance producers who wish to sell long-term care insurance or long-term care partnership insurance in Iowa. This additional training is necessary due to the complex nature of long-term care insurance and long-term care partnership insurance products. This additional training is also necessary to ensure that insurance producers are able to determine whether long-term care insurance or long-term care partnership insurance products are suitable for consumers and that producers are able to adequately explain to consumers how the long-term care insurance and long-term care partnership insurance products work. The ultimate goal of this subrule is to ensure that purchasers of long-term care insurance and long-term care partnership insurance products understand basic features of the products.
	 (1) 	 This subrule applies to all long-term care insurance and long-term care partnership insurance products sold on or after January 1, 2010.
	 (2) 	 For purposes of this subrule, “CE,” “CE provider,” “CE term” and “credit” shall mean the same as defined in rule 191—11.2(505,522B).
	  b.   	 Required training.
	 (1) 	 An individual may not sell, solicit or negotiate long-term care insurance or long-term care partnership insurance products unless the individual is licensed as an insurance producer with an accident and health or sickness line of authority and has completed a one-time training course and ongoing training every CE term thereafter. The training shall meet the requirements set forth in paragraph 39.15(4)“c.”
	 (2) 	 The training content of paragraph 39.15(4)“c” must be approved as continuing education courses under 191—Chapter 11, except that the one-time training required under subparagraph 39.15(4)“b”(1) must be classroom training. However, a CE provider may apply directly to the division and request that a self-study or on-line course be approved as a substitute. Ongoing training may be by any means allowable under 191—Chapter 11.
	  c.   	 Training content.
	 (1) 	 The one-time training required by this subrule shall be no less than eight credits and the ongoing training required by this subrule shall be no less than four credits, except that producers who have completed four credits of long-term care insurance training prior to January 1, 2010, shall complete only four credits of one-time training specifically related to the long-term care partnership program and Iowa-specific Medicaid requirements.
	 (2) 	 The training required under subparagraph (1) shall consist of topics related to long-term care insurance, long-term care services and qualified state long-term care insurance partnership programs, including, but not limited to:
	  1. 	 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 requirements;
	  2. 	 Available long-term care services and providers;
	  3. 	 Changes or improvements in long-term care services or providers;
	  4. 	 Alternatives to the purchase of private long-term care insurance or long-term care partnership insurance;
	  5. 	 The effect of inflation on benefits and the importance of inflation protection;
	  6. 	 Consumer suitability standards and guidelines;
	  7. 	 The Deficit Reduction Act;
	  8. 	 Iowa’s laws regarding the long-term care partnership program;
	  9. 	 The Iowa Medicaid program;
	  10. 	 Miller trusts;
	  11. 	 Spousal protection;
	  12. 	 Transfer of assets;
	  13. 	 Estate recovery; and
	  14. 	 Eligibility.
	 (3) 	 Unless otherwise required by state or federal law, the training required by this subrule shall not include training that is specific to a single insurer or company product and shall not include any sales or marketing information, materials, or training, other than those required by state or federal law.
	  d.   	 Requirements for insurers.
	 (1) 	 Insurers subject to this chapter shall obtain verification that a producer has received training required by subparagraph 39.15(4)“b”(1) before a producer is permitted to sell, solicit or negotiate the insurer’s long-term care insurance or long-term care partnership insurance products; shall make verifications available to the division upon request; and shall maintain records subject to the state’s record retention requirements.
	 (2) 	 Each insurer subject to this chapter shall maintain records with respect to the training of its producers concerning the distribution of its partnership policies that will allow the division to provide assurance to the Iowa department of human services that producers have received the training set forth in subparagraph 39.15(4)“c”(2), numbered paragraph “1,” as required by subparagraph 39.15(4)“b”(1) and that producers have demonstrated an understanding of the partnership policies and the policies’ relationship to public and private coverage of long-term care, including Medicaid, in this state. These records shall be maintained in accordance with the state’s record retention requirements and shall be made available to the division upon request.
	  e.   	 Training obtained in other states. The satisfaction of the training requirements in any state shall be deemed to satisfy the training requirements in this state.
	  f.   	 Requirements for continuing education providers to provide long-term care partnership insurance training. In addition to having been approved as a CE provider under rule 191—11.9(505,522B), a CE provider intending to provide either the initial training or the ongoing continuing education required under subrule 39.15(4) shall:
	 (1) 	 Provide only classroom training for the initial one-time training for providers. However, the CE provider may apply directly to the division and request that a self-study or on-line course be approved as a substitute. Ongoing training may be by any means allowable under 191—Chapter 11.
	 (2) 	 If approved, comply with rules 191—11.10(505,522B) and 191—11.11(505,522B).
This rule is intended to implement Iowa Code section 514D.9 and chapter 514G.
[ARC 8271B, IAB 11/4/09, effective 12/9/09]