Department of Labor and Regulation

Title - Division of Insurance email the Division of Insurance

Frequently Asked Questions for Agents About Long-Term Care Insurance

Can you purchase a long-term care policy for less than $100 a day?

What are the exceptions to the minimum $100 a day rule?

Are agents allowed to split commissions or offer referral commissions on long-term care business?

Does the division regulate how designations are listed on business cards, stationary, email, etc.?

I do not sell partnership policies; do I still need the long term care training?

Where can I find a list of training courses?

I am a non-resident agent and have received my training in my resident state. Do I need any further training?

I only sell long term care riders to life insurance. Do I need the Medicaid training?

What happens if I missed the training deadline?

By when must the four-hour training be completed?

Can the long term care training be used for continuing education purposes?

I have taken the training. Do I send my certificate to the Division of Insurance?

Will South Dakota be reciprocal with other states?

Can you purchase a long-term care policy for less than $100 a day?

Yes, the rule simply requires that a policy issued with less than a $100 a day, unless one of the other exceptions apply, will be treated as an unsuitable sale. An unsuitable sale merely means the insurer must follow the procedure and send notices to the applicant, and the agent is restricted to a renewal commission. Otherwise, the policy can be issued as normal despite it being less than $100 a day.

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What are the exceptions to the minimum $100 a day rule?

The exceptions are:

  • The agent is paid a renewal commission, and the suitability notices are provided.
  • The agent submits the suitability of the applicant to the division, and that filing is approved.
  • The insured requests less than $100 a day after issuance, and the applicable suitability notices are sent.
  • Two or more polices combined including the policy applied for equal or exceed $100 a day.
  • It is an employer or labor union plan which includes contribution by the employer or labor union.

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Are agents allowed to split commissions or offer referral commissions on long-term care business?

There is nothing in the long term care requirements that limits splitting of commissions. The one getting the commission must be the one who actually sold or solicited the product. However, splitting of commissions can only take place between licensed agents.

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Does the division regulate how designations are listed on business cards, stationary, email, etc.?

There are no specific regulations pertaining to designations except that:

  • You must clearly show you are an insurance agent before beginning a sales presentation.
  • The designation must not be misleading, nor may it in any way imply or indicate that you are associated with or endorsed by a government agency.

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I do not sell partnership policies; do I still need the long term care training?

Yes.

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Where can I find a list of training courses?

Please see our list of long-term care companies activity marketing in South Dakota.

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I am a non-resident agent and have received my training in my resident state. Do I need any further training?

Yes. You need South Dakota-specific Medicaid training. View providers of long-term medicaid training.

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I only sell long term care riders to life insurance. Do I need the Medicaid training?

No, because these products do not qualify as partnership plans.

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What happens if I missed the training deadline?

You cannot sell long-term care policies until you have completed the training.

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By when must the four-hour training be completed?

The training must be completed every two years. The next training deadlines are July 1, 2014, July 1, 2016, etc.

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Can the long term care training be used for continuing education purposes?

Long term care training can count toward your continuing education requirement provided you take an approved continuing education course.

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I have taken the training. Do I send my certificate to the Division of Insurance?

No. It is the insurance company's responsibility that their agents have the proper training. Contact the companies you write insurance with for instructions as to how to provide proof of completion of training.

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Will South Dakota be reciprocal with other states?

Yes. People who purchase partnership policies in other states will have reciprocity, and their policies will be treated just like South Dakota partnership policies.

Unable to find the answers to your long-term care questions? email the Division of Insurance for assistance.

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Division of Insurance
124 S. Euclid Ave., 2nd Floor
Pierre, SD 57501
Tel. 605.773.3563
Fax. 605.773.5369