Gov. Perry, Littleton, DodsonNAIFA-Texas eNewsletter 

March 2010

In This Issue
Advocacy State
Advocacy Federal
9/11 "Real Life" Story
"Texas' Best Kept Secret"
Texas IFAPAC
NAIFA-Texas Position on Healthcare Reform
 
NAIFA-Texas is committed to the preservation of the private delivery of health insurance.  We oppose the creation of a public plan that would unfairly compete against private insurance companies in
the health insurance marketplace. We oppose any plan that diminishes or eliminates the important role that agents perform in the marketing, selling and servicing of health insurance. NAIFA-Texas believes that we must build upon the strengths of the current system, reduce costs, insure coverage for more Texans, and improve value throughout our health-care system without resorting to new government programs or jeopardizing the high quality of care we enjoy and expect as Texas consumers.
Looking to make an impact where it counts?
 
 
 
Showcase your useful products and services to the trade leaders, buyers and decision makers in our prestigious organization!
 
85th NAIFA-Texas Annual Meeting, Association Leadership Conference and Texas Leaders Round Table Roundup. 
 
July 15-16, 2010
 
Embassy Suites San Marcos Hotel, Spa, and
 Conference Center
 
Hundreds of members gather for topnotch speakers and to browse the exhibit area to see what's new in products and services that can help them improve their bottom line. Your products and services might be just what they need!
 
Click here to download a 2010 Vendor Prospectus form 


 
 

Agents Can Look Up Completed CE Records Online and Courses Available in Your Area. 

Need to know how many CE hours you've earned? Then take advantage of TDI's program requiring continuing education providers to report the completion of continuing education courses by licensed individuals. The reporting system which is managed by a third-party vendor, Sircon, allows individual agents to access and look up the courses they have completed from any Texas CE provider, including NAIFA-Texas. To look up your completed courses or to find course offerings in your area go to:
www.sircon.com. 
 
March is National Membership Month?
 
Membership growth helps NAIFA advocate on behalf of you and your clients. 
 
Here are ways that you can help your association boost its membership efforts during March's National Membership Month. 
 
*Go to www.membershiptracker.org to contact lapsed members in your local and state. NAIFA's Membership Tracker also provides lists of prospective members in your area.
 
*Visit NAIFA's "Why Join" webpage, an online multimedia resource designed to highlight the many benefits that NAIFA offers its members.
 
*Promotional resources and materials are free and include membership recruitment kits, the new advocacy & member benefits brochures, and other NAIFA marketing materials. Visit www.naifamarketplace.com to obtain copies today or contact the member support center at 877-866-2432 or membersupport@naifa.org.
 
 
*National Membership Day Tracking Sheet, Click here to download
 
National Membership Month ends March 31 and every new and renewed member brings your association one step closer to achieving overall membership growth. Membership growth helps NAIFA continue to keep you in business, help you grow your business, and helps NAIFA promote ethical business practices.
 
NAIFA-TX Membership Incentive Contest (March to April)
 
Locals with the most (NEW) members in each of the (3) Categories:
  • Small Local Association
  • Medium Local Association
  • Large Local Association
One From Each Category Can WIN $500!!!
Local Association Winners will be announced in May!

Endorsed Professional Liability Program

 NAIFA endorsed professional liability insurance

New Coverage Options and Lower Rates for NAIFA-Endorsed Professional Liability Insurance Program!
Affinity Insurance Services, Inc. continues to work closely with NAIFA to provide members with coverage options that meet the demands of today's insurance professionals. 
 
What's New?
The NAIFA-endorsed Professional Liability Insurance Program now offers new coverage options for:
  • Fee-Based Financial Planning and RIA Activities
  • 529 Plans
  • Life Settlement and Life Settlement Referrals
Plus: 
All coverage options include worldwide 24/7 coverage. These options also provide that no claim is settled without your consent, protection for you and your employees and coverage extends to your estate or legal representative.
 
New! NAIFA Rate Indicator: Are you interested in professional liability coverage but don't have a lot of time? Use the rate indicator to get a quick estimate on the cost for this valuable coverage by answering just a few quick questions.
 
For information on all available coverage options and features, and/or how to apply, visit www.naifainsurance.com.

State Corporate Partners

 
 
 
 
  
Should the Texas Insurance Commissioner
Limit Commissions Paid Annuity Producers?
Doug Massey with Deputy Commissioner Ana Smith-DaleyIn testimony Feb. 23 in Austin, NAIFA-TX representatives told members of the Senate State Affairs Committee that additional legislation to authorize the Insurance Commissioner to limit commissions paid agents is not necessary. "In fact," said NAIFA-TX National Committeeperson Ron Mullen, "we believe it would be bad public policy for the State to interfere with private contracts between agents and insurance companies by providing the Commissioner unprecedented authority to order modification of commissions paid annuity producers." 
 
Mullen said that unsuitable annuities should not be approved for sale in Texas, a point also emphasized by NAIFA-TX Trustee Doug Massey during his testimony. Massey presented the Committee, TDI Commissioner Mike Geeslin and Deputy Commissioner Ana Smith-Daley a copy "of the most egregious annuity I've ever seen."  The annuity was sold in Texas in 2004 to a 78 year-old woman with a 15 year surrender charge period starting at 25% and even applicable upon death.
 
Both Mullen and Massey urged lawmakers to give new laws a chance to work before proceeding with the introduction of additional legislation and more regulations. They cited laws relating to (1) suitability for the sale of annuities to Texans including senior citizens; (2) the "70/10"rule; and (3) new certification/exam/CE requirements for the sale of annuities, all tools that the TDI Commissioner and his staff now have that were not a part of Texas law or TDI regulations several years ago.
 
Testimony submitted by NAIFA-TX representatives also emphasized that "lifelong income products such as life insurance and annuities are vehicles that protect individuals, families and business owners long term."  
 
The 82nd Texas Legislature promises to be another busy session for NAIFA-TX lobbyists, says CEO/Chief Legislative Officer Des Taylor. Taylor cited sunset review of TDI, healthcare reform, agent compensation, taxes, and changes to the State Guaranty Association law to increase consumer protections, as issues he anticipates will be on lawmakers' agendas when they convene in Austin January 11, 2011.
New CE Rules, "Phase In" Period for Compliance
New rules adopted by the Texas Department of Insurance are aimed at implementing  legislation passed by the 81st Legislature relating to training, examination, certification and CE requirements for the sale of annuities and Medicare advantage plans. The rules also apply to agents who wish to obtain voluntary specialty certification to market small employer group health insurance. Click here to view the adoption order and rules in their entirety. 
 
The certification/examination and CE requirements are applicable to individuals who obtain a current resident agent license issued by TDI on or after April 1, 2010, or who renew a resident agent license on or after April 1, 2010. 
 
The rules require that annuity producers will have to go through four hours of CE each year in addition to the initial four hours for the training/exam/certification; license renewal dates vary by agent, and licenses are on a two-year cycle. Assume an agent's license renews March 1, 2010. That agent would have until March 1, 2012, to meet the initial four-hour certification course requirement. In addition, the agent would have to complete another four hour CE course before March 1, 2013, and then again before March 1, 2014, and so on every twelve months.

Licensees may count the hours required for certification and CE toward the completion of the continuing education requirements otherwise prescribed in the Insurance Code for the Licensee. Licensees who may qualify for the longevity exemption (20 years or more continuous licensed) are NOT exempt from the provisions of the proposed rules to market or sell the so-called "complex products" as defined by statute
 
In an abundance of caution, NAIFA-TX suggests that agents with specific questions direct their inquiries to TDI, Agents Licensing Division, license@tdi.state.tx.us; and that agents check with companies to determine if and when they will be offering the required training and CE.

Democrats Struggle to Keep Healthcare Plan Alive
With the so-called "public option" or government-run plan dead, the future of President Obama's healthcare overhaul lies with a block of swing Democrats in the House -  fiscal conservatives -  whose indecision and wavering support signal the difficulties Speaker Pelosi faces in securing the necessary 219 votes to pass a bill.
 
For the moment, there is no actual bill. The tentative plan calls for both the House and Senate to use a parliamentary device known as reconciliation to pass a compromise measure. The tactic is intended to avoid a Republican filibuster in the Senate but may not have sufficient support even among Senate Democrats.
 
Additionally, a reconciliation bill is supposed to be limited to provisions that directly affect taxes and spending. That means it may be hard for Democrats to include provisions such as curbing certain insurance industry practices and defining how exchanges for purchasing health coverage would operate.
 
NAIFA lobbyists continue to be actively engaged in the healthcare debate, to insure that the interests of broker dealers, agents and consumers of health insurance are protected. Bottom line: health reform is not dead but it's also not a "done deal." It could die or it could be passed. It likely will preoccupy Congress to the exclusion of all other issues this month.
NAIFA President Tom Currey Responds to
New York Times' Report on Standards of Care      
The front page of the February 16, 2010 issue of The New York Times featured an article titled, "Struggling Over a Rule for Brokers." In the article, reporter Tara Siegel Bernard referred to "three trade groups representing the industry." Although unnamed in the article,  NAIFA is one of the trade groups (in fact, the leading group) opposed to proposed regulations.
 
In response to the article, NAIFA President Tom Currey, CLU, ChFC, LUTCF states, "This proposal is a major departure from current law and has never been analyzed to determine if it would provide any greater consumer protection than the current standard that now governs the business transactions between broker-dealers and their customers. That standard is based on the "suitability" of products that meet a customers needs and includes detailed and heavily enforced FINRA consumer protection rules."
 
Currey continues, "Suffice it to say, the fiduciary standard did nothing to protect Mr. Madoff's clients."
 
Registered representatives of broker dealer firms are currently serving millions of consumers of all income levels across the country. The outcome of this debate will have a significant impact on middle and lower income consumers in terms of consumer protection, as well as access and affordability. 
 
Click here to read The New York Times article.
 
Click here to view the op-ed article written by Thomas Currey, President of NAIFA.
New HIPAA Privacy & Security Obligations
Impact Health Insurance Agents, Brokers
 
The American Recovery and Reinvestment Act of 2009 (ARRA) or stimulus act put in place new HIPAA Privacy & Security obligations. As of February 17, 2010, health insurance agents and brokers must comply with the new version of HIPAA privacy and security. These new provisions have raised the expectation of compliance (and punishment for non-compliance) for all Covered Entities. Agents, brokers, consultants and for the first time business associates are classified as Covered Entities.
 
NAIFA members can purchase the Simplified Training Solutions HIPAA/HITECH tool kit to help become compliant with HIPAA privacy and security as well as the Gramm-Leach-Bliley privacy requirements. NAIFA members receive a 10% discount. In addition, this valuable toolkit offer includes training presentations for agency staff that may be eligible for CE credit and has already been approved in North Carolina.  
 
To order the toolkit, or for more information, please visit http://www.simplifiedtraining.com/shop/product_info.php?cPath=25_29&products_id=62.
9/11 Pilot's Daughter to Headline TLRT Roundup  
Gov. Perry, Littleton, DodsonLaura Ogonowski, whose "real life" story about the powerful impact life insurance had on her family in the aftermath of 9/11, will be a featured speaker at the 2010 TLRT Roundup July 15-16 at the Embassy Suites Resort/Conference Center in San Marcos. In 2009, Laura with her mentor and family's insurance agent, Richard Bourgault, LUTCF of Farm Family Insurance, composed an essay and submitted their essay to The Life Foundation's Real Life Stories Client Service Award contest.  Laura and Richard's essay was chosen as a winner and was featured in Newsweek magazine in September of 2009. Richard was a recipient of the client service award, and Laura and her family were honored along with Richard at the annual NAIFA convention last year in Orlando.   
 
Laura's father, Captain John Ogonowski, was the pilot of American Airlines Flight 11, the first airplane hijacked and flown into the World Trade Center on September 11th, 2001. Her mother was an American Airlines flight attendant. Because of the proceeds from the life insurance, Laura and her mother and sisters were able stay in their home and on their farm and continue their Catholic school educations. 
 
Today Laura Ogonowski is a personal lines insurance agent with Liberty Mutual Insurance Company and lives in Boston, MA. Click here to view the entire, stellar lineup of MDRT quality presenters at this year's Roundup.
 
Gov. Perry, Littleton, Dodson 
 

"The Best Kept Secret in Texas" is TLRT!

 

Join or renew your membership now in the Texas Leaders Round Table. TLRT was referred to, a few years back, as "the best kept secret in Texas," because of added value and recognition that it offers, at a fraction of the cost of belonging to MDRT.

 

Each year TLRT presents the TLRT Roundup, an outstanding insurance and financial services seminar featuring the best in the business. TLRT members receive a $100 discount to the Roundup which nearly pays for the cost to belong. So, renew your membership today!

 

The Roundup will kick off with a lunch at 11:30 a.m. on Thursday, July 15, 2010 featuring exhibitors. Registration for the TLRT Roundup and the 85th NAIFA-Texas Annual Meeting is scheduled to begin in April. Hotel sleeping room reservations are encouraged to be booked early by calling the hotel direct at (512) 392-6450. Make sure to refer to the group name: NAIFA-TX 2010 Annual Meeting. Sleeping room reservations need to be booked prior to June 20, 2010 in order to receive the group rate of $129.00 plus tax, per night. Space is limited. Hotel rate includes parking, breakfast and a "Manager's" reception.

 

Click here to download an application
Click here to download a production certification form
 
Watson Appointed to Texas IFAPAC Steering Group
Gov. Perry, Littleton, DodsonCarolyn Watson, LUTCF, of Abilene, has been named to the state PAC Executive Committee, replacing retiring member Keith Potts, Lubbock. Watson is a 2001 Leadership in Life Institute (LILI) graduate and a past NAIFA-TX board member. She is serving a second term on the national NAIFA Governance Committee and is the current NAIFA-Abilene national committeeperson. A member of Texas Leaders Roundtable, she has been active in NAIFA at all levels since joining the federation in 1998. PAC Chairman Les Littleton, in announcing Watson's appointment, commented on her exemplary record of professional accomplishments and her strong knowledge and expertise in the political arena. "Carolyn Watson is an outstanding individual," said Littleton. "She inspires all who know her, and we are delighted to have her as part of our leadership team."
 
The fundraising goal for the PAC this year is $170,000. The investor/contributor goal is 821. Last year Texas IFAPAC raised $163,639 from 796 contributors. Chairman Littleton has asked NAIFA-TX members who wish to upgrade their level of support and/or to become a PAC contributor to download an IFAPAC enrollment form. "At this critical time with health insurance, regulatory reform, taxes, TDI sunset and other issues on lawmakers' agendas, all members need to do their part in helping to pull the wagon," said Littleton. "For too long many agents have been content to let others do the heavy lifting. Now, more than ever before, we all need to step up and support our PAC," he added.