WILLIAM DONALD SCHAEFER, Governor                            Ch. 242

643.

(A)     An insurer may not advertise, market, or offer a policy or contract as
long-term care insurance or long-term nursing home insurance unless the policy or
contract complies with the provisions of this subtitle.

(B)      (1) BEFORE AN INSURER ADVERTISES, VIA TELEVISION, 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
MARYLAND, THE INSURER SHALL SUBMIT A COPY OF THE ADVERTISEMENT TO THE
COMMISSIONER FOR REVIEW.

(2)      AN INSURER SHALL RETAIN EACH ADVERTISEMENT FOR 3 YEARS
FROM THE DATE THE ADVERTISEMENT WAS FIRST USED.

(3)      THE COMMISSIONER MAY EXEMPT AN INSURER OR AN INSURER'S
ADVERTISING FORM OR MATERIAL FROM THE REQUIREMENTS OF THIS SECTION
WHEN, IN THE COMMISSIONER'S OPINION, THE REQUIREMENTS MAY NOT
REASONABLY BE APPLIED.

(C)     AN INSURER MARKETING LONG-TERM CARE INSURANCE COVERAGE IN
THE STATE SHALL:

(1)      ESTABLISH MARKETING PROCEDURES TO ASSURE THAT ANY
COMPARISON OF POLICIES BY AGENTS OF THE INSURER WILL BE FAIR AND
ACCURATE;

(2)      ESTABLISH MARKETING PROCEDURES TO PREVENT THE SALE OR
ISSUANCE OF EXCESSIVE INSURANCE;

(3)      MAKE EVERY REASONABLE EFFORT TO IDENTIFY WHETHER A
PROSPECTIVE APPLICANT FOR LONG-TERM CARE INSURANCE:

(I)       ALREADY HAS LONG-TERM CARE INSURANCE AND THE TYPES
AND AMOUNTS OF THE 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;

(4)      ESTABLISH PROCEDURES FOR VERIFYING COMPLIANCE WITH THE
PROVISIONS OF THIS SUBSECTION;

(5)      TO THE EXTENT POSSIBLE, PROVIDE INFORMATION ON ANY SENIOR
CITIZEN COUNSELING PROGRAM; AND

(6)      DISPLAY PROMINENTLY ON THE FIRST PAGE OF THE OUTLINE OF
COVERAGE AND THE POLICY THE FOLLOWING:

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