Utah Admin. Code R590-148-18 - Marketing Standards

(1) An insurer shall:

(a) establish marketing procedures to assure that a comparison of policies by its producers is fair and accurate;

(b) establish marketing procedures to assure excessive insurance is not sold or issued;

(c) display prominently, on the first page of the outline of coverage and the policy, "Notice to buyer: This policy may not cover all of 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.";

(d) provide to the applicant a copy of the Long-Term Care Insurance Personal Worksheet and the Worksheet Potential Rate Increase Disclosure Form;

(e)

(i) identify whether a prospective applicant for long-term care insurance has accident and health or long-term care insurance, including the insurance types and amounts;

(ii) in the case of a qualified long-term care insurance contract, an inquiry into whether a prospective applicant has accident and health insurance is not required;

(f) establish an audit procedure to verify compliance with this Subsection (1);

(g) provide written notice to the prospective insured that a senior insurance counseling program is available, with the name, address, and telephone number of the program;

(h) use the terms "noncancellable" or "level premium" only when the policy or certificate complies with Subsections R590-148-6(1)(c) and R590-148-6(1)(d); and

(i) provide an explanation of contingent benefits upon lapse under Subsection R590-148-14(3)(c).

(2) In addition to the practices prohibited in Title 31A, Chapter 23a, Part 4, Marketing Practices, the following acts and practices are prohibited:

(a) cold lead advertising;

(b) high pressure tactics;

(c) misrepresentation; and

(d) twisting.

Notes

Utah Admin. Code R590-148-18

Adopted by Utah State Bulletin Number 2024-21, effective 10/22/2024