State

LTC Partnership Progress

AL

AK

CE approved

AZ

HB1474 introduced and amended by sponsor. In Committee on Financial Institutions, Insurance and Retirement and Committee on Rules

AR

H.B. 1069 was filed on 1/16/07.  Establishes LTCP requiring DHHS and IC to establish process for certification of LTC policies to meet program requirement.
Bill passed on 2/12/07. CE approved.

CA

Active partnership program

CO

Has legislation from 1993 that is inconsistent with DRA. Working with DOI to locate exact statute language to fix through regulatory process if possible. 

HB 1039 - NAIC 2006 model bill has passed the House and Senate. Changed NAIC producer training to 16 hours initial LTC and 5 hours ongoing. 

CE approved for 8 hours – additional hours in the works. Effective date of partnership will be 7/1/08.

CT

Active partnership program

DE

Considering a program per John Hancock.

DC

CE approved. Trade staff reports interest by Commissioner.

FL

Passed legislation in 2006 that conflicted with DRA. Currently working to fix impediments through the DOI. Some of problems include the states income and home equity cap for LTC benefits.  

In Correspondence with Dept. of Insurance on CE Filing. 

GA

Filed SPA, which has been approved. Effective late fall 2007. Still needs to fix the present Georgia law that sets definition of LTC at minimum benefit period of 2 years, so that it is reduced to 1 year to match NAIC standards 

Our members reviewed the current statutes in place in Georgia with the DOI and helped facilitate legislation to fix impediments.

H.B. 648 - Relates to definitions for long-term care insurance; redefines the term policy to include a Qualified Long-term Care Partnership Program approved policy.
Passed the House, in Senate Committee on Insurance and Labor. CE approved.

HI

CE approved. SPA not filed to date.

ID

Filed state plan amendment prior to Gov. Kempt Horne appointment to the Dept. of Interior. Went live Nov. 1, 2006.  5% inflation required although 20 yr compound may be ok for age 61+ SB 1170 was introduced on 2/23/07. 

CE filed but state specific information has been requested for approval.

11 insurance companies have individual policies certified; 3 have group policies certified

IL

CE approved. 

Has impediment and needs many statute changes.  Legislature needs to promulgate authority to the state Medicaid agency.  

H. 1791, Krause - Long-Term Care Partnership Program Act
Creates the Long-Term Care Partnership Program Act. Establishes the Long-Term Care Partnership Program, provide incentives for individuals to insure against the costs of providing for their long-term care needs, provide a mechanism for individuals to qualify for coverage of the cost of their long-term care needs under Medicaid, provide counseling services to individuals planning for their long-term care needs. 3/29/07 Tabled by the sponsor.

IN

Active partnership program.  Trade staff met with DOI – DOI stated they will update their Models to conform to 2006 changes, as well as update their Partnership law since they have authority to do this as of 2006.

IA

Grandfathered under DRA.  Never really had an active LTCP program passed prior to OBRA 93.  AHIP and ACLI and some carriers met with Rosanne Meade of Dept on 7/28/06 re: asset preservation program how if it could be viable if certain adjustments were made to eligibility rules.  Industry preference is program according to DRA rather than reworking current program.  In process of filing SPA. 

They had only sold 25-30 Penn Treaty Partnership policies prior to 1993. 

KS

Medicaid Plan Amendment submitted in 2/7/07 – verifying whether effective date will be retroactive to 1/1/07 or 4/1/07. 
CE approved. AHIP/ACLI met with DOI and Medicaid staff on 8/18.  Scott Brunner (Medicaid) assessing timeframe for implementation.  Responsibility for partnership now under Dept. of Aging – Kathy Greenlee.

KY

CE approved. (Medicaid does not feel it needs statute) HB 126 enabling legislation filed

LA

Meeting early in Feb.  Seeking CHCS grant.  LA Dept of Ins currently assessing.

ME

CE approved for 7 hours.  Has been resubmitted for additional credit. SPA not filed to our knowledge. Unum meeting with Maine to discuss implementation.

MD

Our members are working with the DOI to fix impediments that are inconsistent with DRA through the regulatory process.

SB335 that is supported by trades has been passed by both chambers and awaits governor’s signature. Their program cannot be effective until at least the second quarter.

MA

Had a partial-partnership program in place prior to DRA. Not-grandfathered by DRA, however policies will be honored. Still need to file state plan amendment but awaiting word on exchanging policies and coordination of programs. CE approved. H 1004 and S575 introduced 1/1/07.  No movement to date.

MI

Partnership bill passed the legislature in Dec. 2006 and signed by governor. CE approved.  SPA has not been filed as of April 4, 2007.

MN

State Plan Amendment approved by HHS to date.   

CE approved.  State specific supplement available.  Operational partnership program effective 7/1/06.

MS

CE approved. John Hancock and NAIFA have discussed have met with DOI.

MO

May need legislation to fix a statute.  DOI is helping to facilitate this. CE approved. HB40 passed the House on 3/8/07 and is now in the Senate and is enabling legislation which is industry supported.
Other legislation introduced on this subject is SB 15 and SB 248 which are not moving at this time.

MT

Filed SPA. HB 156 signed by governor.

NE

Passed resolution in 2006 urging Medicaid agency to file state plan amendment.  Approved SPA by HHS.  CE approved.  NAHU members will roll out with local carriers and governor April 2007.

NV

Our members in discussion with the legislature to pass a bill to promulgate rules to the state Medicaid agency. Trades met with DOI relative to Bulletin 06-010 and language will be changed to conform to models. 

Members have met with the Medicaid agency and they have filed the SPA.

NH

Close to filing SPA.

NJ

Needs legislation. It was introduced and died last session. Our members working to have it reintroduced. SB 528/A1640 filed. No movement to date.

NM

AHIP/ACLI met with senior representatives from Governor’s office week of 11/13.  Anticipate future meeting to include Medicaid and Ins. Dept. Genworth following up.

NY

Active partnership program 

LTC compact program has been reintroduced. Compact would allow for the protection of all assets and would only be accessed if you had a “chronic condition.” Requires Medicaid waiver for matching federal dollars and would be in addition to NY partnership program.

NC

ND

CE approved.  No knowledge as to whether or not SPA has been filed.

OH

HB530 passed in 2005 on LTC partnerships and is in compliance wit the DRA. Our members have made contact with the ODI and ODJFS on LTCP.
The DOI is drafting the 2006 NAIC LTC model into their statute and filing it on March 30. CE approved. 

OK

Close to filing SPA. CE approved.

OR

CE approved. LC 323 and SB 191 to amend OR statute and allows DHS to file SPA and adopts NAIC LTCI Model ACT with one deviation – requires 8 hours of producer training every 24 months.  DOI has agreed to amend the bill; amendment will also include Model updates.

PA

HB 93 introduced and amended on 6/26/06 however no action was taken and the bill died. There was contention. State plans to file SPA in first quarter and to resolve any implementation issues by year end. 

Coordinating with AHIP and our PA lobbyist on efforts. H966 introduced 3/29/07 with 20+ cosponsors.

RI

S0638 (proposed) includes reference to limited pay contingent nonforfeiture, has producer training requirements (NAIC Model) with deadline of 7/1/2008 and authorizes filing of the SPA.

SC

Our members have met with the Medicaid agency and DOI. They are close to filing their SPA.

SD

Medicaid Plan Amendment Submitted. CE approved.

TN

SB0216/*HB0163 – Directs the commissioner of finance and administration to seek an amendment to the state Medicaid plan to implement State Long Term Care Partnerships under the federal Deficit Reduction Omnibus Reconciliation Act of 2005. – Amends TCA Title 56; Title 68 and Title 71. Introduced 2/1/07 

Legislation is not necessary in the state. CE approved. 

TX

TAHU has had discussions with the TDI relative to this issue and the TDI supports filing a SPA. CE approved. 

TAHU pushed enabling legislation for LTC partnerships on this in the 2007 session.  A hearing was held on March 15, and it is likely the bill will easily pass both chambers.

UT

Trade staff reports that Suzette Green-Wright, Health Director at DOI, has been contacted by Medicaid staff that is interested in implementation.

VA

SPA approved. Operational partnership program effective 9/07.  VAHU will hold session at fall symposium.  Genworth will help sponsor program. CE approved. Virginia has a special provision in their statute that allows those who have already been trained in the basics of long term care (this is still being defined) to be qualified for partnerships with another two hours of partnership specific long term care training.

VT

H8 and Medicaid Bulletin 06-46F is consistent with DRA.  Requires SPA to be filed by 2/15/2007. Medicaid bulletin was adopted as a Rule on 1/17; references the LTC partnerships and will be effective once H8 is enacted.

WA

Has a bill pending HB 1086 in the 2007 legislature to allow for the creation of partnerships programs. Bill allows partnerships and provides for adoption of NAIC model.  Also changes pre-ex definition. CE approved.

WV

WI

May have problems getting SPA filed because of Gov. Doyle’s objections. Trades met with OCI to address concerns about producer training, inflation protection and suitability.  Gunther Ruch of Dept. is supportive and will assist.

WY

CE approved.