Maryland Insurance Section 18-103

Article - Insurance

§ 18-103.

      (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.

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

            (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.

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

            (1)      establish marketing procedures to ensure that any comparison of policies by insurance producers of the carrier will be fair and accurate;

            (2)      establish marketing procedures to prevent the sale or issuance of excessive insurance;

            (3)      establish procedures for verifying compliance with this subsection;

            (4)      provide, to the extent possible, information on any senior citizen counseling program;

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

                  (i)      already has long-term care insurance and, if so, the types and amounts of the long-term care insurance;

                  (ii)      had long-term care insurance in force during the last 12 months;

                  (iii)      is covered under the medical assistance program; or

                  (iv)      intends to replace any existing medical or health insurance coverage with long-term care insurance.



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