Current through Register Vol. 63, No. 9, September 1, 2024
(1) An
issuer, directly or through its producers, shall:
(a) Establish marketing procedures to assure
that any comparison of policies by its insurance producers will be fair and
accurate;
(b) Establish marketing
procedures to assure excessive insurance is not sold or issued;
(c) Display prominently by type, stamp or
other appropriate means, on the first page of the policy, the following:
"Notice to Buyer: This policy may not cover all of your medical
expenses";
(d) Inquire and
otherwise make every reasonable effort to identify whether a prospective
applicant or enrollee for Medicare supplement insurance already has health
insurance and the types and amounts of any such insurance;
(e) Establish auditable procedures for
verifying compliance with this section.
(2) In addition to the practices prohibited
under ORS Chapter 746, the following acts and practices are prohibited:
(a) Twisting, which includes knowingly making
any misleading representation or incomplete or fraudulent comparison of any
insurance policies or insurers for the purpose of inducing or tending to induce
any person to lapse, forfeit, surrender, terminate, retain, pledge, assign,
borrow on or convert any insurance policy or to take out a policy of insurance
with another insurer;
(b) High
pressure tactics, which include the employing of any method of marketing having
the effect of inducing or tending to induce the purchase of insurance through
force, fright or threat, whether explicit or implied, or undue pressure to
purchase or recommend the purchase of insurance;
(c) Cold lead advertising, which is making
use, directly or indirectly, of any method of marketing that fails to disclose
in a conspicuous manner that a purpose of the method of marketing is
solicitation of insurance and that contact will be made by an insurance
producer or insurance company.
(3) Violation of any provision of section (2)
of this rule is an unfair trade practice under ORS
746.240.
(4) The terms "Medicare Supplement,"
"Medigap," "Medicare Wrap-Around" and words of similar import shall not be used
unless the policy is issued in compliance with OAR
836-052-0103 to
836-052-0194.
Stat. Auth.: ORS
731.244,
743.010,
743.013,
743.680 -
743.689 &
746.240
Stats. Implemented: ORS
743.010(1)(c),
743.010(2),
743.685(8)
& 746.240
