Senior Issues (B) Task Force
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Joint Executive (EX) / Plenary Committee Summary Report
Fall 2009 Meeting Summaries Index

The Senior Issues (B) Task Force met Sept. 22, 2009. During this meeting, the Task Force:

• Adopted and exposed draft revisions to the Long-Term Care Insurance Model Regulation (#641) for a 30-day public comment period. The revisions are intended to clarify claims denial reporting in order to make this reporting clearer and more useful to state insurance regulators. This includes changes to the Claims Denial Reporting Form (Appendix E of the model regulation) and the deletion of a drafting note. It is anticipated that these revisions will be considered for adoption by the Health Insurance and Managed Care Committee during a conference call before the Winter National Meeting. 

• Discussed the implementation of charges created by recent revisions to the NAIC model regulation and compliance manual for Medicare supplement insurance that require the Task Force to monitor and maintain a record of state approvals of new or innovative benefits. The states are requested to inform the Task Force, through NAIC staff, about state approvals. The states also are encouraged to report filings for such new or innovative benefits, in accordance with state public records policies. 

• Received an update from the U.S. Department of Health and Human Services (HHS) on the implementation of the Long-term Care Partnership Program. There are now Partnership policies for sale in 31 states. Three states have approved state plan amendments and one state has a pending state plan amendment. Twenty-six states are presently a part of the reciprocity agreement. As data collection has begun, HHS and Partnership states have started to identify issues that might need to be addressed — including the need for adequate beneficiary notification of asset protection provisions in Partnership policies, as well as the identification of Partnership policies being sold in states with inflation-protection features that appear to not be compliant with the federal Deficit Reduction Act of 2005 (DRA). 

• Discussed implementation issues concerning the states’ adoption of revisions to the Model Regulation to Implement the NAIC Medicare Supplement Insurance Minimum Standards Model Act (#651), as required by the federal Genetic Information Nondiscrimination Act (GINA) and the Medicare Improvements for Patients and Providers Act (MIPPA). This included an update on changes made to SERFF to accommodate electronic filing of 2010 Medicare supplement plans, as well as the issue of potential beneficiary confusion during the transition period when both the 1990 and 2010 Medicare supplement plans are being sold. MIPPA requires the states to adopt the NAIC model revisions by Sept. 24, 2009, and most states have either completed adoption or are working rapidly toward final adoption. The NAIC and the U.S. Centers for Medicare & Medicaid Services (CMS) will continue to monitor the states’ adoption and implementation of these major revisions. 

• Appointed a subgroup to review and provide suggested revisions to the 2010 Choosing a Medigap Policy Guide published jointly by CMS and the NAIC. Those states participating on the subgroup (Alabama, Florida, Illinois, Nebraska, Nevada, Pennsylvania, Texas and Wisconsin) will review the guide and provide suggested changes. 

• Received a federal update on issues of importance to the Task Force, including provisions of interest in the U.S. Senate and House of Representatives’ health reform packages, pending long-term care legislation and amendments, and other items. 

• Received a report from CMS staff on Medicare supplement and Medicare private plans issues. This included an update on a joint letter, being signed by state insurance regulators and CMS regional offices, to directors of facilities with residents dually eligible for Medicare and Medicaid and at high risk for agent marketing abuses. 

• Received a report from the Accident and Health Working Group on their work on Medicare supplement and long-term care insurance issues.