120 STAT. 68
PUBLIC LAW 109–171—FEB. 8, 2006 Subchapter B—Expanded Access to Certain Benefits
42 USC 1396p note.
SEC. 6021. EXPANSION OF STATE LONG-TERM CARE PARTNERSHIP PROGRAM.
(a) EXPANSION AUTHORITY.— (1) IN GENERAL.—Section 1917(b) of the Social Security Act (42 U.S.C. 1396p(b)) is amended— (A) in paragraph (1)(C)— (i) in clause (ii), by inserting ‘‘and which satisfies clause (iv), or which has a State plan amendment that provides for a qualified State long-term care insurance partnership (as defined in clause (iii))’’ after ‘‘1993,’’; and (ii) by adding at the end the following new clauses: ‘‘(iii) For purposes of this paragraph, the term ‘qualified State long-term care insurance partnership’ means an approved State plan amendment under this title that provides for the disregard of any assets or resources in an amount equal to the insurance benefit payments that are made to or on behalf of an individual who is a beneficiary under a long-term care insurance policy if the following requirements are met: ‘‘(I) The policy covers an insured who was a resident of such State when coverage first became effective under the policy. ‘‘(II) The policy is a qualified long-term care insurance policy (as defined in section 7702B(b) of the Internal Revenue Code of 1986) issued not earlier than the effective date of the State plan amendment. ‘‘(III) The policy meets the model regulations and the requirements of the model Act specified in paragraph (5). ‘‘(IV) If the policy is sold to an individual who— ‘‘(aa) has not attained age 61 as of the date of purchase, the policy provides compound annual inflation protection; ‘‘(bb) has attained age 61 but has not attained age 76 as of such date, the policy provides some level of inflation protection; and ‘‘(cc) has attained age 76 as of such date, the policy may (but is not required to) provide some level of inflation protection. ‘‘(V) The State Medicaid agency under section 1902(a)(5) provides information and technical assistance to the State insurance department on the insurance department’s role of assuring that any individual who sells a long-term care insurance policy under the partnership receives training and demonstrates evidence of an understanding of such policies and how they relate to other public and private coverage of long-term care. ‘‘(VI) The issuer of the policy provides regular reports to the Secretary, in accordance with regulations of the Secretary, that include notification regarding when benefits provided under the policy have been paid and the amount of such benefits paid, notification regarding when the policy otherwise terminates, and such other information as the Secretary determines may be appropriate to the administration of such partnerships.
Reports. Notification.
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