Code of Massachusetts Regulations
211 CMR - DIVISION OF INSURANCE
Title 211 CMR 65.00 - Long-term Care Insurance
Section 65.08 - Requirements for Agent Training and Marketing

(1) Each carrier shall provide appropriate training to agents about its long-term care insurance products, maintain records regarding agents who have satisfactorily completed such training and file with the commissioner lists identifying those agents who have completed the carrier's long-term care insurance training program.

(2) All long-term care insurance marketing and advertising shall conform to the provisions of 211 CMR 40.00. In addition, carriers shall establish auditable internal marketing procedures, methods for assuring compliance by agents, and prohibitions against twisting, high-pressure tactics and cold-lead advertising.

(3) All agents or persons marketing a carrier's long-term care insurance shall clearly identify which plans being offered are individual products and which are group products. When marketing group products, the agent shall clearly identify the name of the group policyholder and any conditions that the eligible person must satisfy to join and remain a member of the group.

(4) All agents marketing a carrier's long-term care insurance shall disclose to potential applicants the name of the carrier that the agent represents in the sale. The carrier's name must be disclosed on any and all printed sales or appropriate materials provided, distributed or shown to potential applicants and/or during presentations made to potential applicants in association with a sale, whether part of a presentation or not.

(5) All agents marketing a carrier's long-term care insurance policy must disclose the fact that the agent receives compensation in connection with the sale or replacement of alllong-term care insurance.

(6) All agents marketing a carrier's long-term care insurance shall not misrepresent their expertise, qualifications or training to potential clients and shall not comment on the legal or tax implications of purchasing long-term care insurance to the extent that they lack the training, qualification or license to provide such advice.

(7) A carrier whose agent fails to comply with any provisions of 211 CMR 65.00, including, but not limited to, 211 CMR 65.08, will be deemed to have committed an unfair and deceptive act in the business of insurance subject to M.G.L. c. 176D.