211 CMR 40.01 - Purpose

Current through Register 1466, April 1, 2022

(1) In accordance with M.G.L. c. 176D, § 11 and c. 175, § 110E it is the intent of 211 CMR 40.00 to assure truthful and adequate disclosure of all material and relevant information and to identify certain misleading or misrepresentative practices in the marketing of health plans under M.G.L. c. 176D, § 3. This purpose is intended to be accomplished by the establishment of, and adherence to, certain minimum standards and guidelines of conduct in the advertising and marketing of insured health plans in a manner which prevents unfair competition among carriers and is conducive to the accurate presentation and description to the insurance-buying public of such plans offered through marketing methods.
(2) In general, it shall be deemed misleading to solicit an offer to contract for health plans without a clear and conspicuous disclosure of the following:
(a) The extent and nature of the coverage offered.
(b) The extent to which the coverage meets the potential risk.
(c) The cost of the coverage.

It is, therefore, a misrepresentation to solicit an offer to contract for an insured health plan without disclosing the above data.


211 CMR 40.01

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