I 
111TH CONGRESS 
2D SESSION 
H. R. 5890 
To amend the Internal Revenue Code of 1986 and title XIX of the Social 
Security Act to reform the provision of long-term care insurance. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 28, 2010 
Mr. DOGGETT (for himself, Ms. SCHAKOWSKY, Mr. BLUMENAUER, Mr. 
MCDERMOTT, and Ms. EDDIE BERNICE JOHNSON of Texas) introduced 
the following bill; which was referred to the Committee on Energy and 
Commerce, and in addition to the Committee on Ways and Means, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To amend the Internal Revenue Code of 1986 and title 
XIX of the Social Security Act to reform the provision 
of 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Long-Term Care Insurance Reform Act of 2010’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
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Sec. 1. Short title; table of contents. 
TITLE I—NATIONAL MARKET SURVEY; MODEL DISCLOSURES AND 
DEFINITIONS; LTC INSURANCE COMPARE 
Sec. 101. NAIC National Market Survey. 
Sec. 102. Model disclosure form. 
Sec. 103. LTC Insurance Compare. 
TITLE 
II—IMPROVED 
STATE 
CONSUMER 
PROTECTIONS 
FOR 
QUALIFIED LONG-TERM CARE INSURANCE CONTRACTS AND 
MEDICAID PARTNERSHIP POLICIES 
Sec. 201. Application of Medicaid partnership required model provisions to all 
tax-qualified long-term care insurance contracts. 
Sec. 202. Streamlined process for applying new or updated model provisions. 
TITLE III—IMPROVED CONSUMER PROTECTIONS FOR MEDICAID 
PARTNERSHIP POLICIES 
Sec. 301. Biennial reports on impact of Medicaid long-term care insurance 
partnerships. 
Sec. 302. Additional consumer protections for Medicaid partnerships. 
Sec. 303. Report to Congress regarding need for minimum annual compound 
inflation protection. 
TITLE IV—PRESERVATION OF STATE AUTHORITY 
Sec. 401. Preservation of State authority. 
TITLE 
I—NATIONAL 
MARKET 
SURVEY; 
MODEL 
DISCLO-
SURES 
AND 
DEFINITIONS; 
LTC INSURANCE COMPARE 
SEC. 101. NAIC NATIONAL MARKET SURVEY. 
(a) IN GENERAL.—The Secretary shall request the 
NAIC to conduct reviews of the national and State-specific 
markets for long-term care insurance policies and to sub-
mit reports to the Secretary on the results of such reviews 
every 5 years. 
(b) CONTENT.—The Secretary shall request that the 
reviews include, with respect to the period occurring since 
any prior review, analysis of the following: 
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(1) Information on key market parameters, in-
cluding the number of carriers offering long-term 
care insurance, and the scope of coverage offered 
under those policies (such as policies offering nurs-
ing-home only benefits, policies offering comprehen-
sive coverage, cash plans, and reimbursement plans, 
and hybrid products in which long-term care benefits 
are present). 
(2) The number of complaints received and re-
solved, including benefit denials. 
(3) The number of policies that have lapsed. 
(4) The number of agents trained and whether 
the training included competency tests. 
(5) The number of policyholders exhausting 
benefits. 
(6) The number of premium rate increases filed 
by carriers on a policy basis with the States, includ-
ing the ranges of the increases approved for or fi-
nally used. 
(7) The number of policyholders affected by any 
premium rate increases. 
(8) Requests for exceptions to State permitted 
accounting practices, as defined by the NAIC. 
(c) TIMING FOR REVIEWS AND REPORTS.—The Sec-
retary shall request the NAIC to— 
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(1) complete the initial market review under 
this section not later than 2 years after the date of 
enactment of this Act; 
(2) submit a report to the Secretary on the re-
sults of the initial review not later than December 
31, 2011; and 
(3) complete each subsequent review and sub-
mit each subsequent report not later than December 
31 of the fifth succeeding year. 
The Secretary shall make available to the public the re-
ports submitted by the NAIC under this subsection. 
(d) CONSULTATION REQUIRED.—The Secretary shall 
request the NAIC to consult with State insurance commis-
sioners, appropriate Federal agencies, issuers of long-term 
care insurance, States with experience in long-term care 
insurance partnership plans, other States, representatives 
of consumer groups, consumers of long-term care insur-
ance policies, and such other stakeholders as the Secretary 
or the NAIC determine appropriate, to conduct the market 
reviews requested under this section. 
(e) DEFINITIONS.—In this section and section 102: 
(1) LONG-TERM
CARE
INSURANCE
POLICY.— 
The term ‘‘long-term care insurance policy’’— 
(A) means— 
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(i) a qualified long-term care insur-
ance contract (as defined in section 
7702B(b) of the Internal Revenue Code of 
1986); and 
(ii) a qualified long-term care insur-
ance 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 section 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; and 
(B) includes any other insurance policy or 
rider described in the definition of ‘‘long-term 
care insurance’’ in section 4 of the model Act 
promulgated by the National Association of In-
surance Commissioners (as adopted December 
2006). 
(2) NAIC.—The term ‘‘NAIC’’ means the Na-
tional Association of Insurance Commissioners. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Health and Human Services. 
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SEC. 102. MODEL DISCLOSURE FORM. 
(a) NAIC STUDY AND REPORT ON STATE DISCLO-
SURE REQUIREMENTS
FOR LONG-TERM CARE INSUR-
ANCE.— 
(1) IN GENERAL.—The Secretary shall request 
the NAIC to carry out the activities described in 
paragraph (2) and issue the report described in 
paragraph (3). 
(2) REVIEW AND DEVELOPMENT OF PROPOSED 
MODEL DISCLOSURE REQUIREMENTS.—The activities 
described in this paragraph are the following: 
(A) MODEL ACT AND REGULATION DISCLO-
SURE
REQUIREMENTS.—Review and describe 
disclosure requirements for long-term care in-
surance policies under the Model Act and regu-
lation. 
(B) STATE
LAW
DISCLOSURE
REQUIRE-
MENTS.—Review and describe disclosure re-
quirements for long-term care insurance policies 
under State laws, including as part of such de-
scription an analysis of the effectiveness of the 
various existing disclosures. 
(C) LONG-TERM CARE SERVICES.—Review 
and describe differences in long-term care serv-
ices, including with respect to providers of such 
services and the settings in which such services 
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are provided among States and develop stand-
ardized definitions for long-term care services. 
(D) IDENTIFICATION OF KEY ISSUES FOR 
DEVELOPMENT
OF
MODEL
DISCLOSURE
MAR-
KETING
FORM.—Identify and describe key 
issues to consider in the development of a pro-
posed form for marketing long-term care insur-
ance policies. 
(3) REPORT.—The report described in this 
paragraph is an NAIC White Paper that is issued 
not later than 12 months after the date of enact-
ment of this Act and contains the results of the re-
views conducted under paragraph (2) and the de-
scriptions required under that paragraph. 
(b) NAIC WORKING GROUP TO DEVELOP MODEL 
DISCLOSURE
FORM
FOR
LONG-TERM
CARE
INSUR-
ANCE.— 
(1) IN GENERAL.—The Secretary shall request 
the NAIC to establish, not later than 60 days after 
the date on which the NAIC White Paper described 
in subsection (a)(3) is issued and in consultation 
with the Secretary and the Secretary of the Treas-
ury, a Working Group to develop a model disclosure 
form for marketing long-term care insurance poli-
cies. 
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(2) WORKING GROUP MEMBERS.—The Working 
Group established under paragraph (1) shall be com-
posed of the following: 
(A) Representatives from State Depart-
ments of Health (or the most appropriate State 
agencies with responsibility for oversight of the 
provision of long-term care). 
(B) Representatives of long-term care pro-
viders and facilities. 
(C) Consumer advocates. 
(D) Representatives of issuers of long-term 
care insurance policies. 
(E) Representatives of the NAIC or State 
insurance commissioners. 
(F) Other experts in long-term care and 
long-term care insurance policies selected by the 
Secretary and Secretary of the Treasury or the 
NAIC. 
(3) REQUIREMENTS
FOR
DEVELOPMENT
OF 
FORM.— 
(A) CONSIDERATIONS.—In developing the 
model form, the Working Group shall consider 
the following: 
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(i) Variations among providers, serv-
ices, and facilities in the long-term care 
and long-term care insurance markets. 
(ii) The results of the reviews and the 
descriptions included in the NAIC White 
Paper issued under subsection (a)(3). 
(iii) Such other information and fac-
tors as the Working Group determines ap-
propriate. 
(B) MINIMUM STANDARDS.—The Working 
Group shall ensure that the model has— 
(i) minimum standard definitions for 
coverage of the various types of services 
and benefits provided under long-term care 
insurance policies; 
(ii) minimum standard language for 
use by issuers of such policies, and for 
agents selling such policies, in explaining 
the services and benefits covered under the 
policies and restrictions on the services and 
benefits; 
(iii) minimum standard format, color 
and type size for disclosure documents; 
and 
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(iv) such other minimum standards as 
the Working Group determines appro-
priate. 
(4) 
DEADLINE
FOR
DEVELOPMENT.—The 
Working Group shall issue a proposed model disclo-
sure form for marketing long-term care insurance 
policies not later than 1 year after the date on which 
the Working Group is established. 
(5) ADOPTION
AND
INCORPORATION
INTO 
MODEL ACT AND REGULATION.—The Secretary shall 
request the NAIC to amend the Model Act and regu-
lation to incorporate the use of the proposed model 
disclosure form issued by the Working Group, not 
later than 1 year after the date on which the Work-
ing Group issues the form. 
(c) REQUIRED USE OF MODEL DISCLOSURE FORM 
IN MARKETING LONG-TERM CARE INSURANCE POLI-
CIES.— 
(1) APPLICATION TO TAX-QUALIFIED AND MED-
ICAID
PARTNERSHIP
POLICIES.—Not later than 1 
year after the date on which the Working Group 
issues the proposed model disclosure form for mar-
keting long-term care insurance policies under sub-
section (b): 
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(A) TAX-QUALIFIED POLICIES.—The Sec-
retary of the Treasury shall promulgate a regu-
lation requiring, not later than 1 year after the 
date on which the regulation is final, any issuer 
of a qualified long-term care insurance contract 
(as defined in section 7702B(b) of the Internal 
Revenue Code of 1986) to use the proposed 
model disclosure form for marketing such con-
tracts, to the extent such disclosure is not in-
consistent with State law. 
(B) MEDICAID PARTNERSHIP POLICIES.— 
The Secretary shall promulgate a regulation re-
quiring, not later than 1 year after the date on 
which the regulation is final, any issuer that 
markets a qualified long-term care insurance 
contract intended to cover an insured who is a 
resident of a State with a qualified State long- 
term care insurance partnership under clause 
(iii) of section 1917(b)(1)(C) of the Social Se-
curity Act (42 U.S.C. 1396p(b)(1)(C)) or a 
long-term care insurance policy offered in con-
nection with a State plan amendment described 
in clause (iv) of such section to use the pro-
posed model disclosure form for marketing such 
contracts. 
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(2) APPLICATION TO ALL OTHER LONG-TERM 
CARE
INSURANCE
POLICIES.—Not later than 18 
months, or the earliest date on which an amendment 
could be enacted for those States with legislatures 
which meet only every other year, after the date on 
which the NAIC adopts an amended Model Act and 
regulation to require the use of the proposed model 
disclosure form issued by the Working Group under 
subsection (b), each State shall require by statute or 
regulation any issuer of a long-term care insurance 
policy to use the proposed model disclosure form 
when marketing such a policy in the State. 
SEC. 103. LTC INSURANCE COMPARE. 
(a) IN GENERAL.—Section 6021(d) of the Deficit Re-
duction Act of 2005 (42 U.S.C. 1396p note) is amended— 
(1) in paragraph (2)— 
(A) in subparagraph (A)— 
(i) in clause (ii), by striking ‘‘and’’ at 
the end; 
(ii) in clause (iii), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(iv) establish an Internet directory of 
information regarding long-term care in-
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surance, to be known as ‘LTC Insurance 
Compare’, that shall include the following: 
‘‘(I) Comparison tools to assist 
consumers in evaluating long-term 
care insurance policies (as defined in 
subparagraph (D)) with different ben-
efits and features and that allow con-
sumers to compare the price, long- 
term premium stability, and carrier fi-
nancial strength of such policies. 
‘‘(II) State-specific information 
about the long-term care insurance 
policies marketed in a State, including 
the following: 
‘‘(aa) Whether a State has 
promulgated rate stability provi-
sions or has rate stability proce-
dures in place, and how the 
standards or procedures work. 
‘‘(bb) The rating history for 
at least the most recent pre-
ceding 5 years for issuers selling 
long-term care insurance policies 
in the State. 
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‘‘(cc) An appropriate sam-
pling of the policy forms mar-
keted in the State. 
‘‘(III) Links to State information 
regarding long-term care under State 
Medicaid programs (which may be 
provided, as appropriate, through 
Internet linkages to the Web sites of 
State Medicaid programs) that in-
cludes the following: 
‘‘(aa) The medical assistance 
provided under each State’s Med-
icaid program for nursing facility 
services and other long-term care 
services (including any functional 
criteria imposed for receipt of 
such services, as reported in ac-
cordance 
with 
section 
1902(a)(28)(D) of the Social Se-
curity Act) and any differences 
from benefits and services offered 
under long-term care insurance 
policies in the State and the cri-
teria for triggering receipt of 
such benefits and services. 
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‘‘(bb) If the State has a 
qualified State long-term care in-
surance partnership under clause 
(iii) of section 1917(b)(1)(C) of 
the Social Security Act (or is ex-
empt from the application of 
clause (i) of such section because 
of the application of clauses (ii) 
and (iv) of such section), infor-
mation regarding how and when 
an individual with a partnership 
long-term care insurance policy 
who is receiving benefits under 
the policy should apply for med-
ical assistance for nursing facility 
services or other long-term care 
services under the State Medicaid 
program and information regard-
ing about how Medicaid asset 
protection is accumulated over 
time.’’; and 
(B) by adding at the end the following: 
‘‘(C) CURRENT INFORMATION.—The Sec-
retary of Health and Human Services shall en-
sure that, to the greatest extent practicable, the 
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information maintained in the National Clear-
inghouse for Long-Term Care Information, in-
cluding the information required for LTC In-
surance Compare, is the most recent informa-
tion available. 
‘‘(D) LONG-TERM CARE INSURANCE POL-
ICY
DEFINED.—In subparagraph (A)(iv), the 
term ‘long-term care insurance policy’ means a 
qualified long-term care insurance contract (as 
defined in section 7702B(b) of the Internal 
Revenue Code of 1986), 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 section 1917(b)(1)(C) of 
the 
Social 
Security 
Act 
(42 
U.S.C. 
1396p(b)(1)(C)) or a long-term care insurance 
policy offered in connection with a State plan 
amendment described in clause (iv) of such sec-
tion, and includes any other insurance policy or 
rider described in the definition of ‘long-term 
care insurance’ in section 4 of the model Act 
promulgated by the National Association of In-
surance Commissioners (as adopted December 
2006).’’; 
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(2) by redesignating paragraph (3) as para-
graph (4); and 
(3) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) CONSULTATION ON LTC INSURANCE COM-
PARE.—The Secretary of Health and Human Serv-
ices shall consult with the National Association of 
Insurance Commissioners and other entities and 
stakeholders in designing and implementing the 
LTC Insurance Compare required under paragraph 
(2)(A)(iv).’’. 
(b) MEDICAID STATE PLAN REQUIREMENT TO SUB-
MIT NURSING FACILITY SERVICES FUNCTIONAL CRI-
TERIA DATA.—Section 1902(a)(28) of the Social Security 
Act (42 U.S.C. 1396a(a)(28)) is amended— 
(1) in subparagraph (C), by striking ‘‘and’’ 
after the semicolon; 
(2) in subparagraph (D)(iii), by adding ‘‘and’’ 
after the semicolon; and 
(3) by inserting after subparagraph (D)(iii), the 
following new subparagraph: 
‘‘(E) for the annual submission of data re-
lating to functional criteria for the receipt of 
nursing facility services under the plan (in such 
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form and manner as the Secretary shall speci-
fy);’’. 
(c) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this section 
take effect on the date of enactment of this Act. 
(2) EXTENSION
OF
EFFECTIVE
DATE
FOR 
STATE LAW AMENDMENT.—In the case of a State 
plan under title XIX of the Social Security Act (42 
U.S.C. 1396 et seq.) which the Secretary of Health 
and Human Services determines requires State legis-
lation or State regulation in order for the plan to 
meet the additional requirements imposed by the 
amendments made by subsection (b), the State plan 
shall not be regarded as failing to comply with the 
requirements of such title solely on the basis of its 
failure to meet these additional requirements before 
the first day of the first calendar quarter beginning 
after the close of the first regular session of the 
State legislature that begins after the date of enact-
ment of this Act. For purposes of the previous sen-
tence, in the case of a State that has a 2-year legis-
lative session, each year of the session is considered 
to be a separate regular session of the State legisla-
ture. 
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TITLE 
II—IMPROVED 
STATE 
CONSUMER 
PROTECTIONS 
FOR QUALIFIED LONG-TERM 
CARE 
INSURANCE 
CON-
TRACTS AND MEDICAID PART-
NERSHIP POLICIES 
SEC. 201. APPLICATION OF MEDICAID PARTNERSHIP RE-
QUIRED MODEL PROVISIONS TO ALL TAX- 
QUALIFIED LONG-TERM CARE INSURANCE 
CONTRACTS. 
(a) IN GENERAL.—Section 7702B(g)(1) of the Inter-
nal Revenue Code of 1986 (relating to consumer protec-
tion provisions) is amended— 
(1) in subparagraph (A), by inserting ‘‘(but 
only to the extent such requirements do not conflict 
with requirements applicable under subparagraph 
(B)),’’ after ‘‘paragraph (2)’’, 
(2) by redesignating subparagraphs (B) and 
(C) as subparagraphs (C) and (D), respectively, and 
(3) by inserting after subparagraph (A), the fol-
lowing new subparagraph: 
‘‘(B) the requirements of the model regula-
tion and model Act described in section 
1917(b)(5) of the Social Security Act,’’. 
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(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply to contracts issued on or after 
the date that is 1 year after the date of enactment of this 
Act. 
SEC. 202. STREAMLINED PROCESS FOR APPLYING NEW OR 
UPDATED MODEL PROVISIONS. 
(a) SECRETARIAL REVIEW.— 
(1) TAX-QUALIFIED POLICIES.— 
(A) 2000 AND 2006 MODEL PROVISIONS.— 
Not later than 12 months after the date of en-
actment of this Act, the Secretary of the Treas-
ury, in consultation with the Secretary of 
Health and Human Services, shall review the 
model provisions specified in subsection (c)(1) 
for purposes of determining whether updating 
any such provisions for a provision specified in 
section 7702B(g)(2) of the Internal Revenue 
Code of 1986, or the inclusion of any such pro-
visions in such section, for purposes of an in-
surance contract qualifying for treatment as a 
qualified long-term care insurance contract 
under such Code, would improve consumer pro-
tections for insured individuals under such con-
tracts. 
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(B) SUBSEQUENT
MODEL
PROVISIONS.— 
Not later than 12 months after model provi-
sions described in paragraph (2) or (3) of sub-
section (c) are adopted by the National Associa-
tion of Insurance Commissioners, the Secretary 
of the Treasury, in consultation with the Sec-
retary of Health and Human Services, shall re-
view the model provisions to determine whether 
the application of such provisions to an insur-
ance contract for purposes of qualifying for 
treatment as a qualified long-term care insur-
ance contract under section 7702B(g)(2) of the 
Internal Revenue Code of 1986, would improve 
consumer protections for insured individuals 
under such contracts. 
(2) MEDICAID PARTNERSHIP POLICIES.— 
(A) SUBSEQUENT
MODEL
PROVISIONS.— 
Not later than 12 months after model provi-
sions described in paragraph (2) or (3) of sub-
section (c) are adopted by the National Associa-
tion of Insurance Commissioners, the Secretary 
of Health and Human Services, in consultation 
with the Secretary of the Treasury, shall review 
the model provisions to determine whether the 
application of such provisions to an insurance 
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contract for purposes of satisfying the require-
ments for participation in a qualified State 
long-term care insurance partnership under sec-
tion 1917(b)(1)(C)(iii) of such Act (42 U.S.C. 
1396p(b)(1)(C)(iii)) would improve consumer 
protections for insured individuals under such 
contracts. 
(B) REVIEW OF OTHER PARTNERSHIP RE-
QUIREMENTS.—The Secretary of Health and 
Human Services, in consultation with the Sec-
retary of the Treasury, shall review clauses (iii) 
and (iv) of section 1917(b)(1)(C) for purposes 
of determining whether the requirements speci-
fied in such clauses should be modified to pro-
vide improved consumer protections or, as ap-
propriate, to resolve any conflicts with the ap-
plication of the 2006 model provisions under 
paragraph (5) of section 1917(b) (as amended 
by section 302(a)) or with the application of 
any model provisions that the Secretary deter-
mines should apply to an insurance contract as 
a result of a review required under subpara-
graph (A). 
(b) EXPEDITED RULEMAKING.— 
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(1) 
TAX-QUALIFIED
POLICIES.—Subject 
to 
paragraph (3), if the Secretary of the Treasury de-
termines that any model provisions reviewed under 
subsection (a)(1) should apply for purposes of an in-
surance contract qualifying for treatment as a quali-
fied long-term care insurance contract under the In-
ternal Revenue Code of 1986, the Secretary shall 
promulgate an interim final rule applying such pro-
visions for such purposes not later than 3 months 
after making such determination. 
(2) MEDICAID
PARTNERSHIP
POLICIES.—Sub-
ject to paragraph (3), if the Secretary of Health and 
Human Services determines that any model provi-
sions or requirements reviewed under subsection 
(a)(2) should apply for purposes of an insurance 
contract satisfying the requirements for participation 
in a qualified State long-term care insurance part-
nership under clauses (iii) and (iv) of section 
1917(b)(1)(C) 
of 
such 
Act 
(42 
U.S.C. 
1396p(b)(1)(C)), the Secretary shall promulgate an 
interim final rule applying such provisions for such 
purposes not later than 3 months after making such 
determination. 
(3) CONSULTATION REQUIRED.—The Secretary 
of the Treasury and the Secretary of Health and 
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Human Services, respectively, shall consult with the 
National Association of Insurance Commissioners 
and the entities and stakeholders specified in section 
101(d) regarding the extent to which it is appro-
priate to apply the model provisions described in 
paragraph (1) or (2) (as applicable) to insurance 
contracts described in such paragraphs through pro-
mulgation of an interim final rule. If, after such 
consultation— 
(A) the Secretary of the Treasury deter-
mines it would be appropriate to promulgate an 
interim final rule, the Secretary of the Treasury 
shall use notice and comment rulemaking to 
promulgate a rule applying such provisions to 
insurance contracts described in paragraph (1); 
and 
(B) the Secretary of Health and Human 
Services determines it would be appropriate to 
promulgate an interim final rule, the Secretary 
of Health and Human Services shall use notice 
and comment rulemaking to promulgate a rule 
applying such provisions to insurance contracts 
described in paragraph (2). 
(4) RULE OF CONSTRUCTION RELATING TO AP-
PLICATION OF CONGRESSIONAL REVIEW ACT.—Noth-
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ing in paragraphs (1), (2), or (3) shall be construed 
as affecting the application of the sections 801 
through 808 of title 5, United States Code (com-
monly known as the ‘‘Congressional Review Act’’) to 
any interim final rule issued in accordance with such 
paragraphs. 
(5) TECHNICAL
AMENDMENT
ELIMINATING 
PRIOR REVIEW STANDARD MADE OBSOLETE.—Sec-
tion 1917(b)(5) of the Social Security Act (42 
U.S.C. 1396p(b)(5)) is amended by striking sub-
paragraph (C). 
(c) MODEL PROVISIONS.—In this section, the term 
‘‘model provisions’’ means— 
(1) each provision of the long-term care insur-
ance model regulation, and the long-term care insur-
ance model Act, respectively, promulgated by the 
National Association of Insurance Commissioners 
(as adopted as of October 2000 and as of December 
2006); 
(2) each provision of the model language relat-
ing to marketing disclosures and definitions devel-
oped under section 102(b)(1); and 
(3) each provision of any long-term care insur-
ance model regulation, or the long-term care insur-
ance model Act, respectively, promulgated by the 
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