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Legislative Change Resources

CE Exemptions

The Department adopted the continuing education (CE) exemptions under the Producer Licensing Model Act (PLMA) which allows exemptions from insurance CE only for military and medical reasons. On July 21, 2010, the NAIC Producer Licensing Working Group adopted a revision to the Uniform Licensing Standard (ULS) for Continuing Education (CE) Requirements that added a third exemption to CE. The third exemption addresses states such as North Carolina that have a grandfather provision for a particular group of licensees that meet specific criteria. The ULS were updated to permit states to continue allowing for grandfather provisions, however, the state must, on a prospective basis, eliminate CE waivers based on age or years in the business.

The Agent Services Division submitted a rule revision to the CE requirements so that previously exempt from CE grandfathered licensees under 11 NCAC 6a.0802(j) are also now exempt from Ethics and Flood CE requirements. The below revision to 11 NCAC 6a.0802 was approved for an effective date of June 1, 2011. A letter will be mailed to each licensee that currently has a permanent CE exemption notifying them that effective June 1, 2011, they no longer have to complete Ethics of Flood CE requirements.

Long Term Care Partnership (Updated 2/21/2011)

On January 6, 2011, Centers for Medicare & Medicaid Services (CMS) approved the amendment to the NC Medicaid State Plan to allow for resource disregard at long-term care Medicaid eligibility determination and resource protection at estate recovery. Pursuant to Senate Bill 1193 (SESSION LAW 2010-68), the Long Term Care Partnership goes into effect 60 days after CMS approval on March 7, 2011. The full text of SB 1193 can be viewed through the following link:

The Medicaid State Plan in NC is administered by the NC Department of Health and Human Services (DHHS). The approved NC LTC Partnership policy is federally tax qualified, contains an inflation feature, and displays a Partnership Disclosure Notice. For greater detail see NCGS 58-55-60 or contact your company to discuss the type of product they are filing for approval. Sales can begin March 7, 2011 provided the company has gotten approval of the policy, forms, disclosure notices, rates, etc. applicable to the long-term care partnership product.

Relative to the LTCP program, Agent Services Division has revised the agent continuing education (CE) requirements based on national standards set forth by the federal Deficit Reduction Act of 2005, P.L.109-171 and by the NAIC. The CE rules revisions approved effective March 1, 2011 require companies to ensure that each producer who markets the LTC Partnership products receives the training as specified in the Act. The rule changes effective March 1, 2011 are posted below:

The Agent Services Division has prepared the following Frequently Asked Questions to assist licensees and CE providers with their questions relative to the new LTCP rules: