1. A. Every insurer marketing long-term care insurance coverage in this state, directly or through an insurance producer shall:

   1. 1. Establish marketing procedures to assure that any comparison of policies by its insurance producers is fair and accurate, and that excessive insurance is not sold or issued

      ;

   2. 2. Display prominently by type, stamp or other appropriate means, on the first page of the outline of coverage and policy, the following language: “Notice to buyer: This policy may not cover all of 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

      ;”

   3. 3. Provide the applicant with copies of the disclosure forms in Appendices A and B

      ;

   4. 4. Inquire and otherwise make every reasonable effort to identify whether a prospective applicant or enrollee for long-term care insurance already has health or long-term care insurance and the types and amounts of any such insurance

      ;

   5. 5. Provide an explanation of contingent benefit upon lapse as provided for in R20-6-1019(D)(3)

      ;

   6. 6. Provide written notice to an applicant or prospective policyholder or certificateholder advising of this state’s senior insurance counseling program (SHIP), and the name, address, and phone number for the SHIP, at the time of solicitation

      ; and

   7. 7. Establish auditable procedures for verifying compliance with this subsection (A).

2. B. In addition to the practices prohibited in A.R.S. § 20-441 et seq., the following acts and practices are prohibited:

   1. 1. Twisting. Knowingly making any misleading representation or incomplete or fraudulent comparison of any insurance policies or insurers for the purpose of inducing, or tending to induce, any person to lapse, forfeit, surrender, terminate, retain, pledge, assign, borrow on, or convert any insurance policy or to take out a policy of insurance with another insurer.
   2. 2. High pressure tactics. Employing any method of marketing having the effect of or tending to induce the purchase of insurance through force, fright, threat, whether explicit or implied, or undue pressure to purchase or recommend the purchase of insurance.
   3. 3. Cold lead advertising. Making use directly or indirectly or any method of marketing that fails to disclose in a conspicuous manner that a purpose of the method of marketing is solicitation of insurance and that contact will be made by an insurance producer or insurance company.
   4. 4. Misrepresentation. Misrepresenting a material fact in selling or offering to sell a long-term care insurance policy.
3. C. An insurer shall not market or issue a long-term care policy or certificate to an association unless the insurer files the information required under R20-6-1016(B) and annually certifies that the association has complied with the requirements of this Section.

Historical Note

New Section R20-5-1017 renumbered from R20-6-1013 and amended by final rulemaking at 10 A.A.R. 4661, effective January 3, 2005 (Supp. 04-4). Amended by final exempt rulemaking at 23 A.A.R. 1119, effective November 10, 2017 (Supp. 17-2).