§431:10H-229  Standards for marketing.  (a) 
Every insurer, health care service plan, or other entity marketing long-term
care insurance coverage in this State, directly or through producers, shall:



(1)  Establish marketing procedures to assure that any
comparison of policies by its 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 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.";



 



(4)  Inquire and otherwise make every reasonable
effort to identify whether a prospective applicant or enrollee for long-term
care insurance currently has long-term care insurance and the types and amounts
of any long-term care insurance, except that in the case of qualified long-term
care insurance contracts, an inquiry into whether a prospective applicant or
enrollee for long-term care insurance has accident and sickness insurance is
not required;



(5)  Every insurer or entity marketing long-term care
insurance shall establish auditable procedures for verifying compliance with
this subsection;



(6)  If the state in which the policy or certificate
is to be delivered or issued for delivery has a senior insurance counseling
program approved by the commissioner, the insurer, at solicitation, shall
provide written notice to the prospective policyholder or certificate holder of
a state senior insurance counseling program including the name, address, and telephone
number of the program;



(7)  For long-term care health insurance policies and
certificates, use the terms "noncancellable" or "level
premium" only when the policy or certificate conforms to section
431:10H-202;



(8)  Provide copies of the disclosure forms required
in section 431:10H-217.5(c) to the applicant; and



(9)  Provide an explanation of contingent benefit upon
lapse provided for in section 431:10H-233(f) and, if applicable, the additional
contingent benefit upon lapse provided to policies with fixed or limited
premium paying periods in section 431:10H-233(g).



(b)  In addition to the acts or practices
prohibited in article 13, all of 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
insurer.



(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 purchase of insurance.



(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 producer or insurance company.



(4)  Misrepresentation.  Falsifying a material fact in
selling or offering to sell a long-term care insurance policy. [L 1999, c 93,
pt of §2; am L 2002, c 155, §75; am L 2007, c 233, §19; am L 2009, c 49, §3]