Current through Register Vol. 50, No. 9, September 20, 2024
A.
1. An
advertisement of an individual policy shall not directly, or by implication,
represent that a contract or combination of contracts is an introductory,
initial, or special offer, or that applicants will receive substantial
advantages not available at a later date, or that the offer is available only
to a specified group of individuals unless such is the fact. An advertisement
shall not contain phrases describing an enrollment period as "special,"
"limited," or similar words or phrases when the insurer uses such enrollment
periods as the usual method of advertising Medicare supplement
insurance.
2. An enrollment period
during which a particular insurance product may be purchased on an individual
basis shall not be offered within this state unless there has been a lapse of
not less than three months between the close of the immediately preceding
enrollment period for the same product and the opening of the enrollment
period. The advertisement shall indicate the date by which the applicant must
mail the application, which shall be not less than 10 days and not more than 40
days from the date that such enrollment period is advertised for the first
time. This rule applies to all advertising media, (i.e., mail, newspapers,
radio, television, magazines and periodicals), by any one insurer. It is not
applicable to solicitations of employees or members of a particular group or
association who otherwise would be eligible under specific provisions of the
Insurance Code for group, blanket, or franchise insurance. The
phrase, "any one insurer," includes all the affiliated companies of a group of
insurance companies under common management or control.
3. This rule prohibits any statement or
implication to the effect that only a specific number of policies will be sold,
or that a time is fixed for the discontinuance of the sale of the particular
policy advertised because of special advantages available in the policy, unless
such is the fact.
4. The phrase, "a
particular insurance product," in
§127. A.2 means an
insurance policy which provides substantially different benefits than those
contained in any other policy. Different terms of renewability, an increase or
decrease in the dollar amounts of benefits, an increase or decrease in any
elimination period or waiting period from those available during an enrollment
period for another policy shall not be sufficient to constitute the product
being offered as a different product eligible for concurrent or overlapping
enrollment periods.
B.
An advertisement shall not offer a policy which utilizes a reduced initial
premium rate in a manner which overemphasizes the availability and the amount
of the initial reduced premium. When an insurer charges an initial premium that
differs in amount from the amount of the renewal premium payable on the same
mode, the advertisement shall not display the amount of the reduced initial
premium either more frequently or more prominently than the renewal premium,
and both the initial reduced premium and the renewal premium must be stated in
juxtaposition in each portion of the advertisement where the initial reduced
premium appears. The term juxtaposition means side by side or
immediately above or below.
C.
Special awards, such as a safe driver award shall not be used
in connection with advertisements of Medicare supplement insurance.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
22:2 and
22:224.