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Current as of January 01, 2025 | Updated by Findlaw Staff
(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.
(d) An insurance producer who offers or sells policies or contracts of long-term care insurance in the State shall:
(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) 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) make the disclosure statement required under item (2) of this subsection available to the Commissioner for inspection.
Cite this article: FindLaw.com - Maryland Code, Insurance § 18-103 - last updated January 01, 2025 | https://codes.findlaw.com/md/insurance/md-code-insurance-sect-18-103/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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