§ 18-103. Compliance with title required; advertising; marketing

   (a) Compliance with title required. -- A carrier may not advertise, market, or offer a policy, contract, or certificate in the State as long-term care insurance or long-term nursing home insurance unless the policy or contract complies with this title.

(b) Advertising. --

   (1) Before a carrier advertises, on television or radio or in writing, a policy or contract of long-term care insurance or long-term nursing home insurance that is offered for sale in the State, the carrier shall submit a copy of the advertisement to the Commissioner for review.

   (2) The carrier shall retain each advertisement for 3 years after the date the advertisement first was used.

   (3) The Commissioner may exempt a carrier or a carrier's advertising form or material from the requirements of this section if in the opinion of the Commissioner the requirements may not reasonably be applied.

(c) Marketing. -- A carrier that markets long-term care insurance in the State shall:

   (1) establish marketing procedures to ensure that any comparison of policies by insurance producers of the carrier will be fair and accurate;

   (2) establish marketing procedures to prevent the sale or issuance of excessive insurance;

   (3) establish procedures for verifying compliance with this subsection;

   (4) provide, to the extent possible, information on any senior citizen counseling program;

   (5) display prominently on the first page of the outline of coverage and the policy the following:
 

      "Notice to buyer: This policy may not cover all the costs associated with long-term care incurred by the buyer during the period of coverage. The buyer is advised to review carefully all policy limitations."; and

   (6) make every reasonable effort to identify whether a prospective applicant:

      (i) already has long-term care insurance and, if so, the types and amounts of the long-term care insurance;

      (ii) had long-term care insurance in force during the last 12 months;

      (iii) is covered under the medical assistance program; or

      (iv) intends to replace any existing medical or health insurance coverage with long-term care insurance.

HISTORY: An. Code 1957, art. 48A, § 643; 1997, ch. 35, § 2; 2001, ch. 731, § 9; 2002, ch. 19, § 5.