Haw. Code R. § 16-12-12.2 - Standards for marketing
(a) An issuer,
directly or through its producers, shall:
(1)
Establish marketing procedures to assure that any comparison of policies by its
agents or other producers will be fair and accurate.
(2) Establish marketing procedures to assure
excessive insurance is not sold or issued.
(3) Display prominently by type, stamp, or
other appropriate means, on the first page of the outline of coverage and
policy the following:
"NOTICE TO BUYER: This policy may not cover all of your medical expenses."
(4) Inquire and otherwise make every
reasonable effort to identify whether a prospective applicant or enrollee for
Medicare supplement insurance already has accident and sickness insurance and
the types and amounts of that insurance.
(5) Establish auditable procedures for
verifying compliance with this subsection.
(b) In addition to the practices prohibited
in article 13 of chapter 431, HRS, the following acts and practices are
prohibited:
(1) Twisting. 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 issuer;
(2)
High pressure tactics. Employing any method of marketing having the effect of
or tending to induce the purchase of insurance through force, fright, threat,
whether explicit or implied, or undue pressure to purchase or recommend the
purchase of insurance; and
(3) Cold
lead advertising. Making use directly or indirectly of any method of marketing
which 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 agent or insurance company.
(c) 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 this chapter.
Notes
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