Code of Massachusetts Regulations
211 CMR - DIVISION OF INSURANCE
Title 211 CMR 40.00 - Marketing of insured health plans
Section 40.11 - Identification of Plan or Comparison Among Plans

(1) When a marketing method refers to a choice of benefit amounts, it shall be considered misleading, and therefore prohibited, if it does not disclose that the amount of benefits provided to the consumer depends upon the plan selected by the consumer and that the premium will vary with the amount of the benefits selected.

(2) When a marketing method refers to various benefits which may be contained in two or more policies (other than group master policies), it shall be considered misleading, and therefore prohibited, unless it discloses that such benefits are provided only through a combination of such policies.

(3) When a marketing method makes comparisons between insured health plans, it shall be considered to be misleading, and therefore prohibited, if it makes unfair or incomplete comparisons of policy benefits, compares noncomparable aspects of policies of other carriers, or disparages competitors, their policies, their services, or their business methods of marketing insured health plans.

(4) A marketing method for a particular policy shall not state or imply that prospective insureds become group or quasi-group members covered under a group policy and as such enjoy special rates or underwriting privileges, unless such is the fact or it shall be considered misleading, and therefore prohibited.