74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
SA to SB 191
 
LC 323/SB 191-2
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 191
 
            By COMMITTEE ON HEALTH AND HUMAN SERVICES
 
                           February 27
 
  On page 1 of the printed bill, line 2, delete 'and'.
  In line 3, after '743.655' insert '; and declaring an
emergency'.
  On page 9, delete lines 15 through 45 and insert:
  '  { +  SECTION 9. + }  { + (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. + }
  '  { +  SECTION 9a. + }  { + An individual who is licensed on
the effective date of this 2007 Act and is subject to the
requirements of section 9 (1) of this 2007 Act must complete the
one-time training course required under section 9 (1) of this
2007 Act not later than January 31, 2008. + } ' .
  On page 10, delete lines 1 through 5.
  On page 13, line 5, after 'in' delete the rest of the line and
insert 'section 1917(b)(1)(C)(iii) of the Social Security Act.'.
  After line 16, insert:
  '  { +  SECTION 16. + }  { + The Director of the Department of
Consumer and Business Services may take any action before the
operative date of sections 6, 7 and 9 of this 2007 Act and the
amendments to ORS 743.650, 743.652, 743.653 and 743.655 by
sections 1 to 4 of this 2007 Act that is necessary to enable the
director to exercise, on or after the operative date of sections
6, 7 and 9 of this 2007 Act and the amendments to ORS 743.650,
743.652, 743.653 and 743.655 by sections 1 to 4 of this 2007 Act,
all of the duties, functions and powers conferred on the director
by this 2007 Act. + }
  '  { +  SECTION 17. + }  { + Sections 6, 7 and 9 of this 2007
Act and the amendments to ORS 743.650, 743.652, 743.653 and
743.655 by sections 1 to 4 of this 2007 Act become operative on
January 1, 2008. + } ' .
  In line 17, delete '16' and insert '18'.
  After line 19, insert:
  '  { +  SECTION 19. + }  { + This 2007 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2007 Act
takes effect on its passage. + } ' .
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