1. (a) 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.

2. (b)

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

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

   1. (1) establish marketing procedures to ensure that any comparison of policies by insurance producers of the carrier will be fair and accurate;
   2. (2) establish marketing procedures to prevent the sale or issuance of excessive insurance;
   3. (3) establish procedures for verifying compliance with this subsection;
   4. (4) provide, to the extent possible, information on any senior citizen counseling program;

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

      1. (i) already has long-term care insurance and, if so, the types and amounts of the long-term care insurance;
      2. (ii) had long-term care insurance in force during the last 12 months;
      3. (iii) is covered under the medical assistance program; or
      4. (iv) intends to replace any existing medical or health insurance coverage with long-term care insurance.

4. (d) An insurance producer who offers or sells policies or contracts of long-term care insurance in the State shall:

   1. (1) advise an individual considering the purchase of a long-term care insurance policy or contract about the availability and benefits of a policy that qualifies under the Qualified State Long-Term Care Insurance Partnership established under Title 15, Subtitle 4 of the Health--General Article;
   2. (2) provide a disclosure statement, approved by the Commissioner, to each applicant for long-term care insurance about the Qualified State Long-Term Care Insurance Partnership; and
   3. (3) make the disclosure statement required under item (2) of this subsection available to the Commissioner for inspection.

Added by Acts 1997, c. 35, § 2, eff. Oct. 1, 1997. Amended by Acts 2001, c. 731, § 9, eff. July 2, 2001; Acts 2002, c. 19, § 5, eff. April 9, 2002; Acts 2017, c. 672, § 1, eff. Oct. 1, 2017.

Formerly Art. 48A, § 643.