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.
Notes
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