1. (1) An insurer shall:

   1. (a) establish marketing procedures to assure that a comparison of policies by its producers is fair and accurate;
   2. (b) establish marketing procedures to assure excessive insurance is not sold or issued;
   3. (c) display prominently, on the first page of the outline of coverage and the policy, "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.";
   4. (d) provide to the applicant a copy of the Long-Term Care Insurance Personal Worksheet and the Worksheet Potential Rate Increase Disclosure Form;

   5. (e)(i) identify whether a prospective applicant for long-term care insurance has accident and health or long-term care insurance, including the insurance types and amounts;

      1. (ii) in the case of a qualified long-term care insurance contract, an inquiry into whether a prospective applicant has accident and health insurance is not required;
   6. (f) establish an audit procedure to verify compliance with this Subsection (1);
   7. (g) provide written notice to the prospective insured that a senior insurance counseling program is available, with the name, address, and telephone number of the program;

   8. (h) use the terms "noncancellable" or "level premium" only when the policy or certificate complies with Subsections R590-148-6(1)(c) and R590-148-6(1)(d); and

      1. (i) provide an explanation of contingent benefits upon lapse under Subsection R590-148-14(3)(c).

2. (2) In addition to the practices prohibited in Title 31A, Chapter 23a, Part 4, Marketing Practices, the following acts and practices are prohibited:

   1. (a) cold lead advertising;
   2. (b) high pressure tactics;
   3. (c) misrepresentation; and
   4. (d) twisting.

KEY: insurance

Date of Last Change: October 22, 2024

Notice of Continuation: June 30, 2022

Authorizing, and Implemented or Interpreted Law: 31A-2-201; 31A-22-1404