Ind. Code ch. 12-15-39.8

in effect

Ind. Code § 12-15-39.8-1 Applicability of chapter

Sec. 1. This chapter applies to qualified long term care insurance policies that are entered into, issued, or renewed after June 30, 2022. As added by P.L.196-2021, SEC.6.

Ind. Code § 12-15-39.8-2 "Program"

Sec. 2. As used in this chapter, "program" means the Indiana long term care insurance partnership program established by section 4(a) of this chapter. As added by P.L.196-2021, SEC.6.

Ind. Code § 12-15-39.8-3 "Qualified long term care insurance policy"

Sec. 3. As used in this chapter, "qualified long term care insurance policy" means an insurance policy that meets the following requirements: (1) The policy covers an individual who was a resident of the state when the coverage first became effective under the policy. (2) The policy was not issued before the effective date of the state plan amendment applied for under IC 12-15-1.3-22. (3) The policy meets the definition of a qualified long term care insurance contract under 26 U.S.C. 7702B. (4) The policy meets the model regulations and requirements of the model act of the National Association of Insurance Commissioners provided in 42 U.S.C. 1396p(b)(5). (5) The policy includes inflation protection as follows: (A) If the policy is sold to an individual who was less than sixty-one (61) years of age as of the date of purchase, the policy must provide compound inflation protection. (B) If the policy is sold to an individual who was at least sixty-one (61) years of age but less than seventy-six (76) years of age as of the date of purchase, the policy must provide some level of inflation protection. (C) If the policy is sold to an individual who is at least seventy-six (76) years of age, the policy may, but is not required to, provide some level of inflation protection. (6) The department of insurance certifies that the policy meets the requirements of subdivisions (3), (4), and (5). As added by P.L.196-2021, SEC.6.

Ind. Code § 12-15-39.8-4 Establishment and administration of program

Sec. 4. (a) The Indiana long term care insurance partnership program is established. (b) The office of Medicaid policy and planning and the department of insurance shall administer the program in accordance with Section 6021 of the federal Deficit Reduction Act of 2005. As added by P.L.196-2021, SEC.6.

Ind. Code § 12-15-39.8-5 Applying asset disregard

Sec. 5. Under the program, the office of Medicaid policy and planning must exclude and disregard an amount equal to the amount of benefits an individual receives under a qualified long term care insurance policy when determining the following: (1) The individual's resources for purposes of determining eligibility for Medicaid under IC 12-15-3. (2) The amount to be recovered from the individual's estate under IC 12-15-9 if the individual is eligible for Medicaid. As added by P.L.196-2021, SEC.6.

Ind. Code § 12-15-39.8-6 Training program for insurance producers

Sec. 6. (a) The department of insurance shall develop a training program for insurance producers who sell qualified long term care insurance policies that includes a certified prelicensing course and continuing education courses. The courses must cover, at a minimum, the following topics: (1) State and federal regulations and requirements and the relationship between qualified long term care insurance policies and other public and private coverage of long term care services, including Medicaid. (2) Available long term care services and providers. (3) Changes or improvements in long term care services or providers. (4) Alternatives to the purchase of private long term care insurance. (5) The effect of inflation on benefits and the importance of inflation protection. (6) Consumer suitability standards and guidelines. (b) An insurance producer must: (1) complete the certified prelicensing course established under subsection (a) before the insurance producer may sell, solicit, or negotiate a qualified long term care insurance policy; and (2) attend a continuing education course established under subsection (a) at least once every twenty-four (24) months to continue to sell, solicit, or negotiate a qualified long term care insurance policy. As added by P.L.196-2021, SEC.6.

Ind. Code § 12-15-39.8-7 Reporting requirements

Sec. 7. An insurer that issues a qualified long term care insurance policy shall provide regular reports to: (1) the Secretary of the United States Department of Health and Human Services, as required by federal regulations; and (2) the office of Medicaid policy and planning and the department of insurance, as required by those entities. As added by P.L.196-2021, SEC.6.

Ind. Code § 12-15-39.8-8 Rules

Sec. 8. The secretary of family and social services and the department of insurance may adopt rules under IC 4-22-2 necessary to implement this chapter. As added by P.L.196-2021, SEC.6.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/12Fetched: 10/17/2026