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Agent Services Division |
| LEGISLATIVE CHANGES |
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| Legislative Changes Resources for Agents and Adjusters |
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- 2010 Rules Filing
Agent Services Division filed the notice of text for rule changes to Title 11, North Carolina Administrative Code, with the North Carolina Office of Administrative (OAH) on May 24. These rules were published in the NC Register on June 15. The hearing for public comments was held on July 6, at 10:00 a.m. at the Dobbs Building, Raleigh, NC in the Jim Long Hearing Room. The comment period ended on August 16. The Submission of the Rule was filed with the Rules Review Commission on August 20th. The Rules Commission will meet on September 16 to review this rules submission and make a determination on rule approval. The effective date requested for the rule changes was October 1, 2010. Detailed information on the administrative rule process is posted on the OAH website at http://www.oah.state.nc.us/rules/.
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| Title 11, North Carolina Administrative Code, Chapter 6A rule submissions filed with the Rules Commission by the Department on August 20, 2010 |
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- 11 ncac 06a .0201
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- 11 ncac 06a .0504
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- 11 ncac 06a .0212
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- 11 ncac 06a .0505
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- 11 ncac 06a .0234
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- 11 ncac 06a .0506
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- 11 ncac 06a .0238
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- 11 ncac 06a .0802
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- 11 ncac 06a .0305
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- 11 ncac 06a .0811
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- 11 ncac 06a .0402
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- 11 ncac 06a .0812
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- 11 ncac 06a .0413
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- 11 ncac 06a .901 - 905
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- 11 ncac 06a .0418
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- 11 ncac 06a .0906
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- 11 ncac 06a .0501
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- All of the current Title 11, North Carolina Administrative Code, Chapter 6A rules
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- All of the Title 11, North Carolina Administrative Code, Chapter 4 rule submissions filed with the Rules Commission by the Department on August 20, 2010
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- All of the current Title 11, North Carolina Administrative Code, Chapter 4 rules
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- 2010 Recommended CE Rules Currently On Hold
- 2010 Recommended PLE Rules Currently On Hold
- Long Term Care Partnership
On July 8th, 2010, Senate Bill 1193 (SESSION LAW 2010-68) was signed by Governor Bev Perdue. This legislation implements a long-term care partnership program (LTCP) designed to encourage aging North Carolinians to purchase long-term care insurance while providing important consumer protections.
Before agents may market LTCP in NC, Centers for Medicare & Medicaid Services (CMS) must review and approve an 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. The Medicaid State Plan in NC is administered by the NC Department of Health and Human Services (DHHS). An approved NC LTC Partnership policy will be federally tax qualified, contain an inflation feature, and display 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.
The Partnership goes into effect Jan. 1, 2011 or 60 days after approval of the Medicaid State Plan amendment, whichever is later. The full text of SB 1193 can be viewed through the following link:
http://www.ncga.state.nc.us/Sessions/2009/Bills/Senate/PDF/S1193v6.pdf.
Relative to the LTCP program, Agent Services Division is revising 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. Agent Services Division will be pursuing CE rule revisions to require each person holding an accident and health or sickness license and who also holds a Medicare/Supplement Long Term Care limited lines license to complete 8 hours of continuing education in Long Term Care Partnership by January 1, 2012 and then complete 4 hours of continuing education in Long Term Care Partnership every biennial compliance period thereafter. “Long Term Care Partnership Education” means topics related to long-term care insurance, long-term care services and qualified state long-term care insurance.
The federal health reform bill, the Patient Protection and Affordable Care Act (Public Law 111-148), also contains an act for Community Living Assistance Services and Supports (CLASS) for the purchase of LTC insurance. The CLASS program will be run by the U.S. Department of Health and Human Services (DHHS). At this time, the intersection of CLASS and the LTCP program is still unknown. Depending on how the LTC policies under the CLASS act are structured, they may meet the partnership standards and qualify as LTCP policies in North Carolina.
Please contact Agent Services Division at (919) 807-6800 if you have any questions.
- Fee Increases
On August 7, 2009, Governor Perdue signed Senate Bill 202 into law. This was a budget appropriations bill for current operations of state departments, institutions, and agencies. Based on this bill, the license fees for certain Department of Insurance licenses issued by Agent Services Division were increased effective 8/15/2009.
License fees for bail bondsmen, runners, premium finance companies, motor clubs, collection agencies, and viatical settlement brokers were increased. View full text of Senate Bill 202.
Agent Services Division has revised the license applications for the above license types to reflect the new fee amounts effective 8/15/2009. These revised applications are posted on the Department’s website www.ncdoi.com. If Agent Services Division receives an application on or after 8/15/2009 with the incorrect license fee amount, we will not review the application until the correct fee amount is paid. We will send a letter to the applicant advising that the application is in a “pending” status until such time the total amount of fee is received.
Please contact Agent Services Division at (919) 807-6800 if you have any questions.
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