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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Long-Term Care In-
surance Disclosure Act of 2009’’. 
SEC. 2. DEVELOPMENT OF MODEL DISCLOSURE FORM FOR 
LONG-TERM CARE INSURANCE. 
(a) IN GENERAL.—The Secretary of Health and 
Human Services shall, in consultation with the National 
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Association of Insurance Commissioners and not later 
than 180 days after the date of the enactment of this Act, 
develop a national model disclosure form for marketing 
long-term care insurance policies. 
(b) REQUIREMENTS.—In developing the model disclo-
sure form under subsection (a), the Secretary of Health 
and Human Services shall ensure that at least each of the 
following requirements are met: 
(1) The model disclosure form shall be not 
more than one single-sided page in length. 
(2) The model disclosure form shall use stand-
ard, plain language for purposes of explaining the 
services and benefits covered under the long-term 
care insurance policy involved and restrictions on the 
services and benefits. 
(3) The model disclosure form shall use stand-
ard, consistent definitions for coverage of the various 
types of services and benefits provided under long- 
term care insurance policies in such a manner as to 
ensure that issuers do not use different terms to de-
scribe the same services or benefit. 
(4) The model disclosure form shall have a 
standard, consistent format with respect to font, 
color, and type size to enable consumers to more 
easily compare policies. 
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(5) The model disclosure form shall provide for 
a standard, consistent disclosure of key provisions, 
such as monthly premiums, the maximum daily or 
monthly benefit, and the extent to which benefit 
amounts will be adjusted for inflation in the future. 
(6) The model disclosure form shall provide for 
such other minimum standards as the Secretary de-
termines appropriate. 
SEC. 3. REQUIRED USE OF MODEL DISCLOSURE FORM IN 
MARKETING LONG-TERM CARE INSURANCE 
POLICIES. 
(a) APPLICATION TO TAX-QUALIFIED AND MEDICAID 
PARTNERSHIP POLICIES.—Not later than 1 year after the 
date on which the Secretary of Health and Human Serv-
ices issues the proposed model disclosure form under sec-
tion 2— 
(1) the Secretary of the Treasury shall promul-
gate a regulation requiring, not later than 1 year 
after the date on which the regulation is final, any 
issuer of a qualified long-term care insurance con-
tract (as defined in section 7702B(b) of the Internal 
Revenue Code of 1986) to use the proposed model 
disclosure form for marketing such contracts; and 
(2) the Secretary of Health and Human Serv-
ices shall promulgate a regulation requiring, not 
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later than 1 year after the date on which the regula-
tion is final, any issuer of a qualified long-term care 
insurance contract that covers an insured who is a 
resident of a State with a qualified State long-term 
care insurance partnership under clause (iii) of sec-
tion 1917(b)(1)(C) of the Social Security Act (42 
U.S.C. 1396p(b)(1)(C)) or a long-term care insur-
ance policy offered in connection with a State plan 
amendment described in clause (iv) of such section 
to use the proposed model disclosure form for mar-
keting such contracts. 
SEC. 4. DEFINITIONS. 
For purposes of this Act: 
(1) LONG-TERM
CARE
INSURANCE
POLICY.— 
The 
term 
‘‘long-term 
care 
insurance 
policy’’ 
means— 
(A) a qualified long-term care insurance 
contract (as defined in section 7702B(b) of the 
Internal Revenue Code of 1986); and 
(B) a qualified long-term care insurance 
contract that covers an insured who is a resi-
dent of a State with a qualified State long-term 
care insurance partnership under clause (iii) of 
section 1917(b)(1)(C) of the Social Security Act 
(42 U.S.C. 1396p(b)(1)(C)) or a long-term care 
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insurance policy offered in connection with a 
State plan amendment described in clause (iv) 
of such section. 
(2) STATE.—The term ‘‘State’’ means each of 
the 50 States, the District of Columbia, the Com-
monwealth of Puerto Rico, the United States Virgin 
Islands, Guam, the Commonwealth of the Northern 
Mariana Islands, and American Samoa. 
Æ 
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