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<section article="gin" article_name="Insurance" number="18-103" title_number="18" title_name="Long-Term Care Insurance" subtitle_number="1">
  <level label="a">
    <text>A carrier may not advertise, market, or offer a policy, contract, or certificate in the State as long-term care insurance or long-term nursing home insurance unless the policy or contract complies with this title.</text>
  </level>
  <level label="b">
    <level label="1">
      <text>Before a carrier advertises, on television or radio or in writing, a policy or contract of long-term care insurance or long-term nursing home insurance that is offered for sale in the State, the carrier shall submit a copy of the advertisement to the Commissioner for review.</text>
    </level>
    <level label="2">
      <text>The carrier shall retain each advertisement for 3 years after the date the advertisement first was used.</text>
    </level>
    <level label="3">
      <text>The Commissioner may exempt a carrier or a carrier’s advertising form or material from the requirements of this section if in the opinion of the Commissioner the requirements may not reasonably be applied.</text>
    </level>
  </level>
  <level label="c">
    <text>A carrier that markets long-term care insurance in the State shall:</text>
    <level label="1">
      <text>establish marketing procedures to ensure that any comparison of policies by insurance producers of the carrier will be fair and accurate;</text>
    </level>
    <level label="2">
      <text>establish marketing procedures to prevent the sale or issuance of excessive insurance;</text>
    </level>
    <level label="3">
      <text>establish procedures for verifying compliance with this subsection;</text>
    </level>
    <level label="4">
      <text>provide, to the extent possible, information on any senior citizen counseling program;</text>
    </level>
    <level label="5">
      <text>display prominently on the first page of the outline of coverage and the policy the following:</text>
      <text>“Notice to buyer: This policy may not cover all the costs associated with long-term care incurred by the buyer during the period of coverage. The buyer is advised to review carefully all policy limitations.”; and</text>
    </level>
    <level label="6">
      <text>make every reasonable effort to identify whether a prospective applicant:</text>
      <level label="i">
        <text>already has long-term care insurance and, if so, the types and amounts of the long-term care insurance;</text>
      </level>
      <level label="ii">
        <text>had long-term care insurance in force during the last 12 months;</text>
      </level>
      <level label="iii">
        <text>is covered under the medical assistance program; or</text>
      </level>
      <level label="iv">
        <text>intends to replace any existing medical or health insurance coverage with long-term care insurance.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <text>An insurance producer who offers or sells policies or contracts of long–term care insurance in the State shall:</text>
    <level label="1">
      <text>advise an individual considering the purchase of a long–term care insurance policy or contract about the availability and benefits of a policy that qualifies under the Qualified State Long–Term Care Insurance Partnership established under Title 15, Subtitle 4 of the Health – General Article;</text>
    </level>
    <level label="2">
      <text>provide a disclosure statement, approved by the Commissioner, to each applicant for long–term care insurance about the Qualified State Long–Term Care Insurance Partnership; and</text>
    </level>
    <level label="3">
      <text>make the disclosure statement required under item (2) of this subsection available to the Commissioner for inspection.</text>
    </level>
  </level>
</section>
