1. A. In recommending the purchase or replacement of any long-term care insurance policy or certificate, an agent shall make reasonable efforts to determine the appropriateness of a recommended purchase or replacement.

2. B. In recommending the purchase or replacement of any long-term care insurance policy or certificate, the insurer or its agent shall make a reasonable effort to identify whether a prospective applicant for long-term care insurance:

   1. (1) Already has long-term care insurance, and the types and amounts of insurance;
   2. (2) Had long-term care insurance in force during the last 12 months;
   3. (3) Is covered or is eligible for coverage under the Medical Assistance Program (Medicaid); or
   4. (4) Intends to replace an existing hospital, medical, surgical, or other health insurance coverage with long-term care insurance.

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)