A. An insurer soliciting long-term care insurance in the State shall provide the Commissioner with a copy of any long-term care insurance advertisement intended for use in the State. For purposes of this regulation, “advertising” includes any material:
- (1) Published, disseminated, circulated, or placed before the public in a newspaper, magazine, or other publication;
- (2) In the form of a notice, circular, pamphlet, letter, or poster;
- (3) Seen or heard over any radio or television station;
- (4) Sent by direct mail; or
- (5) Issued in any other manner intended to be seen or heard by the general public.
- B. The insurer shall submit a copy of the advertising in advance to be received in the office of the Commissioner at least 30 days before its intended use.
- C. The Commissioner may exempt an insurer's advertising form or material from the requirements of this regulation when, in the Commissioner's opinion, these requirements cannot be reasonably applied.
- D. An insurer shall maintain in its home office a file of all long-term care advertisements for at least 3 years from the date the advertisements were first issued.
- E. An insurer may not use the term “level premium” in a guaranteed renewable policy.
- F. An insurer may not describe a policy which provides benefits for less than 24 months as a long-term care insurance policy.
Authority: Health-General Article, §19-705; Insurance Article, §§2-109, 14-124, Title 18, Subtitle 1, and Title 27; Annotated Code of Maryland
Effective date: September 1, 1994 (21:13 Md. R. 1156)
Chapter recodified from COMAR 09.30.88 to COMAR 31.14.01 effective September 7, 1998 (25:18 Md. R. 1439)
Chapter revised effective April 1, 2002 (29:6 Md. R. 570)
Chapter revised effective September 10, 2007 (34:18 Md. R. 1581)
Regulation .01 amended effective September 1, 2014 (41:17 Md. R. 972)
Regulation .13E amended effective February 27, 2017 (44:4 Md. R. 256)
Regulation .24H—J adopted effective February 27, 2017 (44:4 Md. R. 256)
Regulation .36 amended effective February 27, 2017 (44:4 Md. R. 256)