National Association of Insurance Commissioners 
and adopted after December 2006. 
TITLE 
III—IMPROVED 
CON-
SUMER 
PROTECTIONS 
FOR 
MEDICAID 
PARTNERSHIP 
POLICIES 
SEC. 301. BIENNIAL REPORTS ON IMPACT OF MEDICAID 
LONG-TERM 
CARE 
INSURANCE 
PARTNER-
SHIPS. 
Section 6021(c) of the Deficit Reduction Act of 2005 
(42 U.S.C. 1396p note) is amended to read as follows: 
‘‘(c) BIENNIAL REPORTS.— 
‘‘(1) IN GENERAL.—Not later than January 1, 
2011, and biennially thereafter, the Secretary of 
Health and Human Services (in this subsection re-
ferred to as the ‘Secretary’) shall issue a report to 
States and Congress on the long-term care insurance 
partnerships established in accordance with section 
1917(b)(1)(C)(ii) of the Social Security Act (42 
U.S.C. 1396p(b)(1)(C)(ii)). Each report shall in-
clude (with respect to the period the report address-
es) the following information, nationally and on a 
State-specific basis: 
‘‘(A) Analyses of the extent to which such 
partnerships improve access of individuals to af-
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fordable long-term care services and benefits 
and the impact of such partnerships on Federal 
and State expenditures on long-term care under 
the Medicare and Medicaid programs. 
‘‘(B) Analyses of the impact of such part-
nerships on consumer decisionmaking with re-
spect to purchasing, accessing, and retaining 
coverage under long-term care insurance poli-
cies (as defined in subsection (d)(2)(D)), in-
cluding a description of the benefits and serv-
ices offered under such policies, the average 
premiums for coverage under such policies, the 
number of policies sold and at what ages, the 
number of policies retained and for how long, 
the number of policies for which coverage was 
exhausted, the number of insured individuals 
who were determined eligible for medical assist-
ance under the State Medicaid program, and 
the number of insured individuals who were de-
termined ineligible for medical assistance under 
the State plan and the reason for such deter-
minations. 
‘‘(2) DATA.—The reports by issuers of partner-
ship long-term care insurance policies required under 
section 1917(b)(1)(C)(iii)(VI) of the Social Security 
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Act shall include such data as the Secretary shall 
specify in order to conduct the analyses required 
under paragraph (1). 
‘‘(3) PUBLIC
AVAILABILITY.—The Secretary 
shall make each report issued under this subsection 
publicly available through the LTC Insurance Com-
pare Web site required under subsection (d). 
‘‘(4) RULE
OF
CONSTRUCTION.—Nothing in 
this section shall be construed as requiring the Sec-
retary to conduct an independent review of each 
long-term care insurance policy offered under or in 
connection with such a partnership.’’. 
SEC. 302. ADDITIONAL CONSUMER PROTECTIONS FOR MED-
ICAID PARTNERSHIPS. 
(a) APPLICATION OF 2006 MODEL PROVISIONS.— 
(1) UPDATING OF 2000 REQUIREMENTS.— 
(A) 
IN
GENERAL.—Section 
1917(b)(5)(B)(i) of the Social Security Act (42 
U.S.C. 1396p(b)(5)(B)(i)) is amended by strik-
ing ‘‘October 2000’’ and inserting ‘‘December 
2006’’. 
(B) CONFORMING AMENDMENTS.— 
(i) Subclause (XVII) of such section is 
amended by striking ‘‘section 26’’ and in-
serting ‘‘section 28’’. 
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(ii) Subclause (XVIII) of such section 
is amended by striking ‘‘section 29’’ and 
inserting ‘‘section 31’’. 
(iii) Subclause (XIX) of such section 
is amended by striking ‘‘section 30’’ and 
inserting ‘‘section 32’’. 
(2) APPLICATION TO GRANDFATHERED PART-
NERSHIPS.—Section 1917(b)(1)(C)(iv) of such Act 
(42 U.S.C. 1396p(b)(1)(C)(iv)) is amended by in-
serting ‘‘, and the State satisfies the requirements of 
paragraph (5)’’ after ‘‘2005’’. 
(b) APPLICATION OF PRODUCER TRAINING MODEL 
ACT REQUIREMENTS.—Section 1917(b)(1)(C) of such Act 
(42 U.S.C. 1396p(b)(1)(C)) is amended— 
(1) in clause (iii)(V), by inserting ‘‘and satisfies 
the producer training requirements specified in sec-
tion 9 of the model Act specified in paragraph (5)’’ 
after ‘‘coverage of long-term care’’; and 
(2) in clause (iv), as amended by subsection 
(a)(2), by inserting ‘‘clause (iii)(V) and’’ before 
‘‘paragraph (5)’’. 
(c) APPLICATION OF ADDITIONAL REQUIREMENTS 
FOR ALL PARTNERSHIPS.—Section 1917(b) of the Social 
Security Act (42 U.S.C. 1396p(b)) is amended— 
(1) in paragraph (1)(C)— 
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(A) in clause (iii)— 
(i) by inserting after subclause (VII) 
the following new subclause: 
‘‘(VIII) The State satisfies the re-
quirements of paragraph (6).’’; and 
(ii) in the flush sentence at the end, 
by striking ‘‘paragraph (5)’’ and inserting 
‘‘paragraphs (5) and (6)’’; and 
(B) in clause (iv), as amended by sub-
sections (a)(2) and (b)(2), by striking ‘‘para-
graph (5)’’ and inserting ‘‘paragraphs (5) and 
(6)’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(6) For purposes of clauses (iii)(VIII) and (iv) of 
paragraph (1)(C), the requirements of this paragraph are 
the following: 
‘‘(A) The State requires issuers of long-term 
care insurance policies to— 
‘‘(i) use marketing materials filed with the 
State for purposes of the partnership in all 
sales and marketing activities conducted or sup-
ported by the issuers in the State with respect 
to any long-term care insurance policies mar-
keted by the issuer in the State; 
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‘‘(ii) provide such materials to all agents 
selling long-term care insurance policies in the 
State; 
‘‘(iii) ensure that agent training and edu-
cation courses conducted or supported by the 
issuers incorporate discussion of such mar-
keting materials; and 
‘‘(iv) make such materials available to any 
consumer upon request, and to make such ma-
terials available to all prospective purchasers of 
a policy offered under a qualified State long- 
term care insurance partnership before submis-
sion of an application for coverage under that 
policy. 
‘‘(B) The State requires issuers of long-term 
care insurance policies sold in the State to require 
agents to use any inflation protection comparison 
form developed by the National Association of Insur-
ance Commissioners when selling the policies in the 
State. 
‘‘(C) The State requires issuers of long-term 
care insurance policies sold in the State to comply 
with the provisions of section 8 of the model Act 
specified in paragraph (5) relating to contingent 
nonforfeiture benefits. 
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