I 

111TH CONGRESS 

1ST SESSION H. R. 4078 

To require the Secretary of Health and Human Services to develop a national 

model disclosure form to assist consumers in purchasing long-term care 

insurance. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 16, 2009 

Mr. PERRIELLO introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To require the Secretary of Health and Human Services 

to develop a national model disclosure form to assist 

consumers in purchasing long-term care insurance. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Long-Term Care In5 surance Disclosure Act of 2009’’. 

6 SEC. 2. DEVELOPMENT OF MODEL DISCLOSURE FORM FOR 

7 LONG-TERM CARE INSURANCE. 

8 (a) IN GENERAL.—The Secretary of Health and 

9 Human Services shall, in consultation with the National 


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1 Association of Insurance Commissioners and not later 

2 than 180 days after the date of the enactment of this Act, 

3 develop a national model disclosure form for marketing 

4 long-term care insurance policies. 

5 (b) REQUIREMENTS.—In developing the model disclo6 sure form under subsection (a), the Secretary of Health 

7 and Human Services shall ensure that at least each of the 

8 following requirements are met: 

9 (1) The model disclosure form shall be not 

10 more than one single-sided page in length. 

11 (2) The model disclosure form shall use stand12 ard, plain language for purposes of explaining the 

13 services and benefits covered under the long-term 

14 care insurance policy involved and restrictions on the 

15 services and benefits. 

16 (3) The model disclosure form shall use stand17 ard, consistent definitions for coverage of the various 

18 types of services and benefits provided under long19 term care insurance policies in such a manner as to 

20 ensure that issuers do not use different terms to de21 scribe the same services or benefit. 

22 (4) The model disclosure form shall have a 

23 standard, consistent format with respect to font, 

24 color, and type size to enable consumers to more 

25 easily compare policies. 


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1 (5) The model disclosure form shall provide for 

2 a standard, consistent disclosure of key provisions, 

3 such as monthly premiums, the maximum daily or 

4 monthly benefit, and the extent to which benefit 

5 amounts will be adjusted for inflation in the future. 

6 (6) The model disclosure form shall provide for 

7 such other minimum standards as the Secretary de8 termines appropriate. 

9 SEC. 3. REQUIRED USE OF MODEL DISCLOSURE FORM IN 

10 MARKETING LONG-TERM CARE INSURANCE 

11 POLICIES. 

12 (a) APPLICATION TO TAX-QUALIFIED AND MEDICAID

13 PARTNERSHIP POLICIES.—Not later than 1 year after the 

14 date on which the Secretary of Health and Human Serv15 ices issues the proposed model disclosure form under sec16 tion 2— 

17 (1) the Secretary of the Treasury shall promul18 gate a regulation requiring, not later than 1 year 

19 after the date on which the regulation is final, any 

20 issuer of a qualified long-term care insurance con21 tract (as defined in section 7702B(b) of the Internal 

22 Revenue Code of 1986) to use the proposed model 

23 disclosure form for marketing such contracts; and 

24 (2) the Secretary of Health and Human Serv25 ices shall promulgate a regulation requiring, not 


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1 later than 1 year after the date on which the regula2 tion is final, any issuer of a qualified long-term care 

3 insurance contract that covers an insured who is a 

4 resident of a State with a qualified State long-term 

5 care insurance partnership under clause (iii) of sec6 tion 1917(b)(1)(C) of the Social Security Act (42 

7 U.S.C. 1396p(b)(1)(C)) or a long-term care insur8 ance policy offered in connection with a State plan 

9 amendment described in clause (iv) of such section 

10 to use the proposed model disclosure form for mar11 keting such contracts. 

12 SEC. 4. DEFINITIONS. 

13 For purposes of this Act: 

14 (1) LONG-TERM CARE INSURANCE POLICY.— 

15 The term ‘‘long-term care insurance policy’’ 

16 means— 

17 (A) a qualified long-term care insurance 

18 contract (as defined in section 7702B(b) of the 

19 Internal Revenue Code of 1986); and 

20 (B) a qualified long-term care insurance 

21 contract that covers an insured who is a resi22 dent of a State with a qualified State long-term 

23 care insurance partnership under clause (iii) of 

24 section 1917(b)(1)(C) of the Social Security Act 

25 (42 U.S.C. 1396p(b)(1)(C)) or a long-term care 


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1 insurance policy offered in connection with a 

2 State plan amendment described in clause (iv) 

3 of such section. 

4 (2) STATE.—The term ‘‘State’’ means each of 

5 the 50 States, the District of Columbia, the Com6 monwealth of Puerto Rico, the United States Virgin 

7 Islands, Guam, the Commonwealth of the Northern 

8 Mariana Islands, and American Samoa. 

Æ 


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