[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5890 Introduced in House (IH)]

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 
                          committee 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 Representatives 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:

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 DISCLOSURES 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 submit 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:
            (1) Information on key market parameters, including the 
        number of carriers offering long-term care insurance, and the 
        scope of coverage offered under those policies (such as 
        policies offering nursing-home only benefits, policies offering 
        comprehensive coverage, cash plans, and reimbursement plans, 
        and hybrid products in which long-term care benefits are 
        present).
            (2) The number of complaints received and resolved, 
        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, including the ranges of the 
        increases approved for or finally 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 Secretary shall request 
the NAIC to--
            (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 results of the 
        initial review not later than December 31, 2011; and
            (3) complete each subsequent review and submit each 
        subsequent report not later than December 31 of the fifth 
        succeeding year.
The Secretary shall make available to the public the reports submitted 
by the NAIC under this subsection.
    (d) Consultation Required.--The Secretary shall request the NAIC to 
consult with State insurance commissioners, 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 
insurance 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--
                            (i) a qualified long-term care insurance 
                        contract (as defined in section 7702B(b) of the 
                        Internal Revenue Code of 1986); and
                            (ii) 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 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 Insurance Commissioners 
                (as adopted December 2006).
            (2) NAIC.--The term ``NAIC'' means the National Association 
        of Insurance Commissioners.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.

SEC. 102. MODEL DISCLOSURE FORM.

    (a) NAIC Study and Report on State Disclosure Requirements for 
Long-Term Care Insurance.--
            (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 disclosure 
                requirements.--Review and describe disclosure 
                requirements for long-term care insurance policies 
                under the Model Act and regulation.
                    (B) State law disclosure requirements.--Review and 
                describe disclosure requirements for long-term care 
                insurance policies under State laws, including as part 
                of such description an analysis of the effectiveness of 
                the various existing disclosures.
                    (C) Long-term care services.--Review and describe 
                differences in long-term care services, including with 
                respect to providers of such services and the settings 
                in which such services are provided among States and 
                develop standardized definitions for long-term care 
                services.
                    (D) Identification of key issues for development of 
                model disclosure marketing form.--Identify and describe 
                key issues to consider in the development of a proposed 
                form for marketing long-term care insurance 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 enactment of this Act and contains the results of 
        the reviews conducted under paragraph (2) and the descriptions 
        required under that paragraph.
    (b) NAIC Working Group To Develop Model Disclosure Form for Long-
Term Care Insurance.--
            (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 
        Treasury, a Working Group to develop a model disclosure form 
        for marketing long-term care insurance policies.
            (2) Working group members.--The Working Group established 
        under paragraph (1) shall be composed of the following:
                    (A) Representatives from State Departments 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 providers 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:
                            (i) Variations among providers, services, 
                        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 factors as 
                        the Working Group determines appropriate.
                    (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
                            (iv) such other minimum standards as the 
                        Working Group determines appropriate.
            (4) Deadline for development.--The Working Group shall 
        issue a proposed model disclosure 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 regulation 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 Working Group issues 
        the form.
    (c) Required Use of Model Disclosure Form in Marketing Long-Term 
Care Insurance Policies.--
            (1) Application to tax-qualified and medicaid partnership 
        policies.--Not later than 1 year after the date on which the 
        Working Group issues the proposed model disclosure form for 
        marketing long-term care insurance policies under subsection 
        (b):
                    (A) Tax-qualified policies.--The Secretary of the 
                Treasury shall promulgate 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 contract (as defined in section 
                7702B(b) of the Internal Revenue Code of 1986) to use 
                the proposed model disclosure form for marketing such 
                contracts, to the extent such disclosure is not 
                inconsistent with State law.
                    (B) Medicaid partnership policies.--The Secretary 
                shall promulgate a regulation requiring, 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 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 section to 
                use the proposed model disclosure form for marketing 
                such contracts.
            (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 Reduction 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 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following:
                            ``(iv) establish an Internet directory of 
                        information regarding long-term care insurance, 
                        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 
                                benefits and features and that allow 
                                consumers to compare the price, long-
                                term premium stability, and carrier 
                                financial 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 
                                        provisions or has rate 
                                        stability procedures in place, 
                                        and how the standards or 
                                        procedures work.
                                            ``(bb) The rating history 
                                        for at least the most recent 
                                        preceding 5 years for issuers 
                                        selling long-term care 
                                        insurance policies in the 
                                        State.
                                            ``(cc) An appropriate 
                                        sampling of the policy forms 
                                        marketed 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 includes 
                                the following:
                                            ``(aa) The medical 
                                        assistance provided under each 
                                        State's Medicaid program for 
                                        nursing facility services and 
                                        other long-term care services 
                                        (including any functional 
                                        criteria imposed for receipt of 
                                        such services, as reported in 
                                        accordance with section 
                                        1902(a)(28)(D) of the Social 
                                        Security Act) and any 
                                        differences from benefits and 
                                        services offered under long-
                                        term care insurance policies in 
                                        the State and the criteria for 
                                        triggering receipt of such 
                                        benefits and services.
                                            ``(bb) If the State has a 
                                        qualified State long-term care 
                                        insurance partnership under 
                                        clause (iii) of section 
                                        1917(b)(1)(C) of the Social 
                                        Security Act (or is exempt from 
                                        the application of clause (i) 
                                        of such section because of the 
                                        application of clauses (ii) and 
                                        (iv) of such section), 
                                        information regarding how and 
                                        when an individual with a 
                                        partnership long-term care 
                                        insurance policy who is 
                                        receiving benefits under the 
                                        policy should apply for medical 
                                        assistance for nursing facility 
                                        services or other long-term 
                                        care services under the State 
                                        Medicaid program and 
                                        information regarding about how 
                                        Medicaid asset protection is 
                                        accumulated over time.''; and
                    (B) by adding at the end the following:
                    ``(C) Current information.--The Secretary of Health 
                and Human Services shall ensure that, to the greatest 
                extent practicable, the information maintained in the 
                National Clearinghouse for Long-Term Care Information, 
                including the information required for LTC Insurance 
                Compare, is the most recent information available.
                    ``(D) Long-term care insurance policy 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 section, 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 Insurance Commissioners (as adopted 
                December 2006).'';
            (2) by redesignating paragraph (3) as paragraph (4); and
            (3) by inserting after paragraph (2) the following:
            ``(3) Consultation on ltc insurance compare.--The Secretary 
        of Health and Human Services 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 Submit Nursing Facility 
Services Functional Criteria 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 relating to 
                functional criteria for the receipt of nursing facility 
                services under the plan (in such form and manner as the 
                Secretary shall specify);''.
    (c) Effective Date.--
            (1) In general.--Except as provided in paragraph (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 legislation 
        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 enactment of this 
        Act. For purposes of the previous sentence, in the case of a 
        State that has a 2-year legislative session, each year of the 
        session is considered to be a separate regular session of the 
        State legislature.

 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.

    (a) In General.--Section 7702B(g)(1) of the Internal Revenue Code 
of 1986 (relating to consumer protection 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 following new 
        subparagraph:
                    ``(B) the requirements of the model regulation and 
                model Act described in section 1917(b)(5) of the Social 
                Security Act,''.
    (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 enactment of this Act, the 
                Secretary of the Treasury, 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 provisions in such section, 
                for purposes of an insurance contract qualifying for 
                treatment as a qualified long-term care insurance 
                contract under such Code, would improve consumer 
                protections for insured individuals under such 
                contracts.
                    (B) Subsequent model provisions.--Not later than 12 
                months after model provisions described in paragraph 
                (2) or (3) of subsection (c) are adopted by the 
                National Association of Insurance Commissioners, the 
                Secretary of the Treasury, in consultation with the 
                Secretary of Health and Human Services, shall review 
                the model provisions to determine whether the 
                application of such provisions to an insurance contract 
                for purposes of qualifying for treatment as a qualified 
                long-term care insurance 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 provisions described in paragraph 
                (2) or (3) of subsection (c) are adopted by the 
                National Association 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 contract for 
                purposes of satisfying the requirements for 
                participation in a qualified State long-term care 
                insurance partnership under section 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 requirements.--The 
                Secretary of Health and Human Services, in consultation 
                with the Secretary of the Treasury, shall review 
                clauses (iii) and (iv) of section 1917(b)(1)(C) for 
                purposes of determining whether the requirements 
                specified in such clauses should be modified to provide 
                improved consumer protections or, as appropriate, to 
                resolve any conflicts with the application 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 determines 
                should apply to an insurance contract as a result of a 
                review required under subparagraph (A).
    (b) Expedited Rulemaking.--
            (1) Tax-qualified policies.--Subject to paragraph (3), if 
        the Secretary of the Treasury determines that any model 
        provisions reviewed under subsection (a)(1) should apply for 
        purposes of an insurance contract qualifying for treatment as a 
        qualified long-term care insurance contract under the Internal 
        Revenue Code of 1986, the Secretary shall promulgate an interim 
        final rule applying such provisions for such purposes not later 
        than 3 months after making such determination.
            (2) Medicaid partnership policies.--Subject to paragraph 
        (3), if the Secretary of Health and Human Services determines 
        that any model provisions 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 partnership 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 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 appropriate 
        to apply the model provisions described in paragraph (1) or (2) 
        (as applicable) to insurance contracts described in such 
        paragraphs through promulgation of an interim final rule. If, 
        after such consultation--
                    (A) the Secretary of the Treasury determines 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 application of 
        congressional review act.--Nothing 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 
        (commonly 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.--Section 1917(b)(5) of the Social Security Act 
        (42 U.S.C. 1396p(b)(5)) is amended by striking subparagraph 
        (C).
    (c) Model Provisions.--In this section, the term ``model 
provisions'' means--
            (1) each provision of the long-term care insurance model 
        regulation, and the long-term care insurance 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 relating to 
        marketing disclosures and definitions developed under section 
        102(b)(1); and
            (3) each provision of any long-term care insurance model 
        regulation, or the long-term care insurance model Act, 
        respectively, promulgated by the National Association of 
        Insurance Commissioners and adopted after December 2006.

   TITLE III--IMPROVED CONSUMER PROTECTIONS FOR MEDICAID PARTNERSHIP 
                                POLICIES

SEC. 301. BIENNIAL REPORTS ON IMPACT OF MEDICAID LONG-TERM CARE 
              INSURANCE PARTNERSHIPS.

    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 referred 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 include (with respect to 
        the period the report addresses) the following information, 
        nationally and on a State-specific basis:
                    ``(A) Analyses of the extent to which such 
                partnerships improve access of individuals to 
                affordable 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 partnerships 
                on consumer decisionmaking with respect to purchasing, 
                accessing, and retaining coverage under long-term care 
                insurance policies (as defined in subsection 
                (d)(2)(D)), including a description of the benefits and 
                services 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 assistance under the State Medicaid program, 
                and the number of insured individuals who were 
                determined ineligible for medical assistance under the 
                State plan and the reason for such determinations.
            ``(2) Data.--The reports by issuers of partnership long-
        term care insurance policies required under section 
        1917(b)(1)(C)(iii)(VI) of the Social Security 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 Compare Web site required under subsection 
        (d).
            ``(4) Rule of construction.--Nothing in this section shall 
        be construed as requiring the Secretary 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 MEDICAID 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 striking ``October 2000'' and inserting 
                ``December 2006''.
                    (B) Conforming amendments.--
                            (i) Subclause (XVII) of such section is 
                        amended by striking ``section 26'' and 
                        inserting ``section 28''.
                            (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 partnerships.--Section 
        1917(b)(1)(C)(iv) of such Act (42 U.S.C. 1396p(b)(1)(C)(iv)) is 
        amended by inserting ``, 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 section 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)--
                    (A) in clause (iii)--
                            (i) by inserting after subclause (VII) the 
                        following new subclause:
                            ``(VIII) The State satisfies the 
                        requirements 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 subsections 
                (a)(2) and (b)(2), by striking ``paragraph (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 supported by the 
                issuers in the State with respect to any long-term care 
                insurance policies marketed by the issuer in the State;
                    ``(ii) provide such materials to all agents selling 
                long-term care insurance policies in the State;
                    ``(iii) ensure that agent training and education 
                courses conducted or supported by the issuers 
                incorporate discussion of such marketing materials; and
                    ``(iv) make such materials available to any 
                consumer upon request, and to make such materials 
                available to all prospective purchasers of a policy 
                offered under a qualified State long-term care 
                insurance partnership before submission 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 Insurance 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.
            ``(D) The State enacts legislation, not later than January 
        1, 2012, that establishes rating standards for all issuers of 
        long-term care insurance policies sold in the State that result 
        in rates over the life of the policy that are no less 
        protective of consumers than those produced by the premium rate 
        schedule increase standards specified in section 20 of the 
        model regulation specified in paragraph (5), unless the State 
        has more stringent procedures or requirements.
            ``(E) The State develops and updates marketing materials 
        filed with the State whenever changes are made under the State 
        plan that relate to eligibility for medical assistance for 
        nursing facility services or other long-term care services or 
        the amount, duration, or scope of medical assistance for 
        nursing facility services or other long-term care services, and 
        also provides to individuals at the time of application for 
        medical assistance under the State plan, or under a waiver of 
        the plan materials that describe in clear, simple language the 
        terms of eligibility, the benefits and services provided as 
        such assistance, and rules relating to adjustment or recovery 
        from the estate of an individual who receives such assistance. 
        Such materials shall include a clear disclosure that medical 
        assistance is not guaranteed to partnership policyholders who 
        exhaust or use benefits under a partnership policy, and that 
        Federal changes to the program under this title or State 
        changes to the State plan may affect an individual's 
        eligibility for, or receipt of, such assistance.
            ``(F) The State--
                    ``(i) through the State Medicaid agency under 
                section 1902(a)(5) and in consultation with the State 
                insurance department, develops materials explaining how 
                the benefits and rules of long-term care policies 
                offered by issuers participating in the partnership 
                interact with the benefits and rules under the State 
                plan under this title;
                    ``(ii) requires agents to use such materials when 
                selling or otherwise discussing how long-term care 
                policies offered by issuers participating in the 
                partnership work with potential purchasers and to 
                provide the materials to any such purchasers upon 
                request;
                    ``(iii) informs holders of such policies of any 
                changes in eligibility requirements and covered 
                services under the State plan under this title and of 
                any changes in estate recovery rules under the State 
                plan as soon as practicable after such changes are made 
                at the time and at the time of application for medical 
                assistance; and
                    ``(iv) agrees to honor the asset protections of any 
                such policy that were provided under the policy when 
                purchased, regardless of whether the State subsequently 
                terminates a partnership program under the State plan.
        The materials under clause (i) shall include information on how 
        benefits under a State plan under this title may not be 
        available based on an individual's moving to a State that is 
        identified as not offering partnership reciprocity (and, to the 
        extent practicable, the identify of those States), based an 
        individual's home value exceeding the applicable limits as 
        modified by the State (and, to the extent practicable, the 
        limits applicable in different States), or based on an 
        individual's income exceeding the applicable limits (and, to 
        the extent practicable, information on current average long-
        term care costs and on applied income requirements for 
        different States).
            ``(G) The State Medicaid agency under section 1902(a)(5) 
        and the State insurance department enter into a memorandum of 
        understanding to--
                    ``(i) inform consumers about long-term care 
                policies offered by issuers participating in the 
                partnership, the amount, duration, or scope of medical 
                assistance for nursing facility services and other 
                long-term care services offered under the State plan, 
                consumer protections, and any other issues such agency 
                and department determine appropriate through such means 
                as the State determines appropriate; and
                    ``(ii) jointly facilitate coordination in 
                eligibility determinations for medical assistance under 
                the State plan and the provision of benefits or other 
                services under such policies and medical assistance 
                provided under the State plan that includes--
                            ``(I) the number of policyholders applying 
                        for medical assistance under the State plan; 
                        and
                            ``(II) the number of policyholders deemed 
                        eligible (and, if applicable, ineligible) for 
                        such assistance.
            ``(H) Subject to subparagraph (I), the State enters into 
        agreements with other States that have established qualified 
        State long-term care insurance partnerships under which such 
        States agree to provide reciprocity for policyholders under 
        such partnerships, including providing guaranteed asset 
        protection to all individuals covered under a policy offered 
        under a qualified State long-term care insurance partnership 
        who bought such a policy in the State or in another State with 
        such a partnership and with which the State has a reciprocity 
        agreement.
            ``(I)(i) In the case of a State described in paragraph 
        (1)(C)(iv) (in this subparagraph referred to as a 
        `grandfathered partnership State') --
                    ``(I) the grandfathered partnership State may, in 
                lieu of entering into agreements that satisfy 
                subparagraph (I), enter into individual reciprocity 
                agreements with other States that have established 
                qualified State long-term care insurance partnerships; 
                and
                    ``(II) if the grandfathered partnership State has 
                not, as of January 1, 2013, entered into a reciprocity 
                agreement with each State that has a qualified State 
                long-term care insurance partnership, the grandfathered 
                partnership State shall enter into and comply with a 
                reciprocity agreement developed by the Secretary in 
                accordance with clause (ii) for each partnership State 
                that the grandfathered State does not have a 
                reciprocity agreement with and, with respect to each 
                such State, for so long as the grandfathered 
                partnership State does not have an individual 
                reciprocity agreement with that State.
            ``(ii) In developing a reciprocity agreement for purposes 
        of clause (i)(II), the Secretary shall take into account--
                    ``(I) the difference in consumer protections under 
                the partnership program of the grandfathered 
                partnership State and the other partnership State that 
                will be covered by the agreement, and, to the greatest 
                extent possible, preserve the more protective 
                requirements; and
                    ``(II) the impact the reciprocity agreement will 
                have on expenditures under the State plan under this 
                title (including under any waivers of such plan) of 
                each such State and, to the greatest extent possible, 
                minimize any negative impact on such expenditures and 
                States.''.
    (d) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section take effect on the date that is 
        1 year after 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 legislation 
        in order for the plan to meet the additional requirements 
        imposed by the amendments made by this section, 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 enactment of this Act. For purposes of the 
        previous sentence, in the case of a State that has a 2-year 
        legislative session, each year of the session is considered to 
        be a separate regular session of the State legislature.

SEC. 303. REPORT TO CONGRESS REGARDING NEED FOR MINIMUM ANNUAL COMPOUND 
              INFLATION PROTECTION.

    Not later than 18 months after the date of enactment of this Act, 
the Secretary of Health and Human Services (in this section referred to 
as the ``Secretary'') shall submit a report to Congress that includes 
the Secretary's recommendation regarding whether legislative or other 
administrative action should be taken to require all long-term care 
insurance policies sold after a date determined by the Secretary in 
connection 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 section, provide a minimum level of annual compound inflation 
protection, and if so, whether such requirements should be imposed on a 
basis related to the age of the policyholder at the time of purchase. 
The Secretary shall include in the report information on the various 
levels of inflation protection available under such long-term care 
insurance partnerships and the methodologies used by issuers of such 
policies to calculate and present various inflation protection options 
under such policies, including policies with a future purchase option 
feature.

               TITLE IV--PRESERVATION OF STATE AUTHORITY

SEC. 401. PRESERVATION OF STATE AUTHORITY.

    Nothing in this Act, any amendments made by this Act, or any rules 
promulgated to carry out this Act or such amendments, shall be 
construed to limit the authority of a State to enact, adopt, 
promulgate, and enforce any law, rule, regulation, or other measure 
with respect to long-term care insurance that is in addition to, or 
more stringent than, requirements established under this Act and the 
amendments made by this Act.
                                 <all>