,,ii #aacth ,,congress #ast ,session ,s4 #adgc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #a1 #bjac ,ms4 ,klobuchar introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to develop a model disclosure form to assist consumers in purchasing long-term care insurance4 #a4 ,short title ,this ,act may be cited as the ,long-,term ,care ,insurance ,consumer ,right-to-,know ,act of #bjac4 #b4 ,definitions ,in this ,act3 7#a7 ,long-term care insurance policy ,the term long-term care insurance policy means-- 7,a7 a qualified long-term care insurance contract 7as defined in section #ggjb;,b7b7 of the ,internal ,revenue ,code of #aihf72 and 7,b7 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 7iii7 of section #aiag7;b77#a77;,c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifp7b77#a77;,c77 or a long-term care insurance policy offered in connection with a ,state plan amendment described in clause 7iv7 of such section4 7#b7 ,model ,act and regulation ,the term model ,act and regulation means the long-term care insurance model regulation1 and the long-term care insurance model ,act1 respectively1 promulgated by the ,national ,association of ,insurance ,commissioners 7as adopted as of ,october #bjjj and as of ,december #bjjf74 7#c7 ,,naic ,the term ,,naic means the ,national ,association of ,insurance ,commissioners4 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,health and ,human ,services4 7#e7 ,state ,the term ,state means each of the #ej ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,united ,states ,virgin ,islands1 ,guam1 the ,commonwealth of the ,northern ,mariana ,islands1 and ,american ,samoa4 #c4 ,,naic study and report on ,state disclosure requirements for long-term care insurance 7a7 ,in general ,the ,secretary shall request the ,,naic to carry out the activities described in subsection 7b7 and issue the report described in subsection 7c74 7b7 ,review and development of proposed model disclosure requirements ,the activities described in this subsection are the following3 7#a7 ,model act and regulation disclosure requirements ,review and describe disclosure requirements for long-term care insurance policies under the ,model ,act and regulation4 7#b7 ,state law disclosure requirements ,review and describe disclosure requirements for long-term care insurance policies under ,state laws4 7#c7 ,long-term care services ,review and describe differences in long-term care services1 including with respect to providers of such services and the settings in which such services are provided among ,states and develop a standardized definition for long-term care services4 7#d7 ,identification of key issues for development of model disclosure marketing form ,identify and describe key issues to consider in the development of a proposed model form for marketing long-term care insurance policies4 7c7 ,report ,the report described in this subsection is a ,,naic ,white ,paper that is issued not later than #a year after the date of enactment of this ,act and contains the results of the reviews conducted under subsection 7a7 and the descriptions required under that subsection4 #d4 ,,naic ,working ,group to develop model disclosure form for long-term care insurance 7a7 ,in general ,the ,secretary shall request the ,,naic to establish1 not later than #fj days after the date on which the ,,naic ,white ,paper described in section #c7;c7 is issued and in consultation with the ,secretary and the ,secretary of the ,treasury1 a ,working ,group to develop a model disclosure form for marketing long-term care insurance policies4 7b7 ,working ,group members ,the ,working ,group established under subsection 7a7 shall be composed of the following3 7#a7 ,representatives from ,state ,departments of ,health 7or the most appropriate ,state agencies with responsibility for oversight of the provision of long-term care74 7#b7 ,representatives of long-term care providers and facilities4 7#c7 ,consumer advocates4 7#d7 ,representatives of issuers of long-term care insurance policies4 7#e7 ,representatives of the ,,naic or ,state insurance commissioners4 7#f7 ,other experts in long-term care and long-term care insurance policies selected by the ,secretary and ,secretary of the ,treasury or the ,,naic4 7c7 ,requirements for development of form 7#a7 ,considerations ,in developing the model form1 the ,working ,group shall consider the following3 7,a7 ,variations among providers1 services1 and facilities in the long-term care and long-term care insurance markets4 7,b7 ,the results of the reviews and the descriptions included in the ,,naic ,white ,paper issued under section #c7;c74 7,c7 ,such other information and factors as the ,working ,group determines appropriate4 7#b7 ,standardizations ,the ,working ,group shall ensure that the model has-- 7,a7 minimum standard definitions for coverage of the various types of services and benefits provided under long-term care insurance policies2 7,b7 minimum standard language for use by issuers of such policies1 and for agents selling such policies1 in explaining the services and benefits covered under the policies and restrictions on the services and benefits2 7,c7 minimum standard format1 color1 and type size for disclosure documents2 and 7,d7 such other minimum standards as the ,working ,group determines appropriate4 7d7 ,deadline for development ,the ,working ,group shall issue a proposed model disclosure form for marketing long-term care insurance policies not later than #a year after the date on which the ,working ,group is established4 7e7 ,adoption and incorporation into model act and regulation ,the ,secretary shall request the ,,naic to amend the ,model ,act and regulation to require the use of the proposed model disclosure form issued by the ,working ,group1 not later than #a year after the date on which the ,working ,group issues the form4 #e4 ,required use of model disclosure form in marketing long-term care insurance policies 7a7 ,application to tax-,qualified and medicaid partnership policies ,not later than #a year after the date on which the ,working ,group issues the proposed model disclosure form for marketing long-term care insurance policies under section #d3 7#a7 ,tax-qualified policies ,the ,secretary of the ,treasury shall promulgate a regulation requiring1 not later than #a year after the date on which the regulation is final1 any issuer of a qualified long-term care insurance contract 7as defined in section #ggjb;,b7b7 of the ,internal ,revenue ,code of #aihf7 to use the proposed model disclosure form for marketing such contracts4 7#b7 ,medicaid partnership policies ,the ,secretary shall promulgate a regulation requiring1 not later than #a year after the date on which the regulation is final1 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 7iii7 of section #aiag7;b77#a77;,c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifp7b77#a77;,c77 or a long-term care insurance policy offered in connection with a ,state plan amendment described in clause 7iv7 of such section to use the proposed model disclosure form for marketing such contracts4 7b7 ,application to all other long-,term care insurance policies ,not later than #ah months1 or the earliest date on which an amendment could be enacted for those ,states with legislatures which meet only every other year1 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 section #d1 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 ,state4