Title 33, Chapter 43, Section 5
( 33-43-5)
(a) In order to provide for full and fair disclosure in the sale of
medicare supplement policies, no medicare supplement policy or
certificate shall be delivered in this state unless an outline of
coverage is delivered to the applicant at the time application is
made. (b) The Commissioner shall prescribe the format and content of the
outline of coverage required by subsection (a) of this Code section.
For purposes of this Code section, "format" means style,
arrangements, and overall appearance, including such items as the
size, color, and prominence of type and arrangement of text and
captions. Such outline of coverage shall include: (1) A description of the principal benefits and coverage provided
in the policy; (2) A statement of the exceptions, reductions, and limitations
contained in the policy; (3) A statement of the renewal provisions, including any
reservation by the issuer of a right to change premiums; and (4) A statement that the outline of coverage is a summary of the
policy issued or applied for and that the policy should be
consulted to determine governing contractual provisions. (c) The Commissioner may prescribe by regulation a standard form and
the contents of an informational brochure for persons eligible for
medicare, which is intended to improve the buyer's ability to select
the most appropriate coverage and improve the buyer's understanding
of medicare. Except in the case of direct response insurance
policies, the Commissioner may require by regulation that the
informational brochure be provided to any prospective insureds
eligible for medicare concurrently with delivery of the outline of
coverage. With respect to direct response insurance policies, the
Commissioner may require by regulation that the prescribed brochure
be provided upon request to any prospective insureds eligible for
medicare, but in no event shall the brochure be provided later than
the time of policy delivery. (d) The Commissioner may prescribe by regulation for captions or
notice requirements, determined to be in the public interest and
designed to inform prospective insureds that particular insurance
coverages are not medicare supplement coverages for all accident and
sickness insurance policies sold to persons eligible for medicare,
other than: (1) Medicare supplement policies; or (2) Disability income policies. (e) The Commissioner may adopt reasonable regulations to govern the
full and fair disclosure of the information in connection with the
replacement of accident and sickness policies, subscriber contracts,
or certificates by persons eligible for medicare. |