Section 18-103 - Compliance with title required; advertising; marketing(a) A carrier may not advertise, market, or offer a policy, contract, or certificate in the State as long-term care insurance or long-term nursing home insurance unless the policy or contract complies with this title.(b)(1) Before a carrier advertises, on television or radio or in writing, a policy or contract of long-term care insurance or long-term nursing home insurance that is offered for sale in the State, the carrier shall submit a copy of the advertisement to the Commissioner for review.(2) The carrier shall retain each advertisement for 3 years after the date the advertisement first was used.(3) The Commissioner may exempt a carrier or a carrier's advertising form or material from the requirements of this section if in the opinion of the Commissioner the requirements may not reasonably be applied.(c) A carrier that markets long-term care insurance in the State shall:(1) establish marketing procedures to ensure that any comparison of policies by insurance producers of the carrier will be fair and accurate;(2) establish marketing procedures to prevent the sale or issuance of excessive insurance;(3) establish procedures for verifying compliance with this subsection;(4) provide, to the extent possible, information on any senior citizen counseling program;(5) display prominently on the first page of the outline of coverage and the policy the following: "Notice to buyer: This policy may not cover all 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."; and
(6) make every reasonable effort to identify whether a prospective applicant: (i) already has long-term care insurance and, if so, the types and amounts of the long-term care insurance;(ii) had long-term care insurance in force during the last 12 months;(iii) is covered under the medical assistance program; or(iv) intends to replace any existing medical or health insurance coverage with long-term care insurance.(d) An insurance producer who offers or sells policies or contracts of long-term care insurance in the State shall:(1) advise an individual considering the purchase of a long-term care insurance policy or contract about the availability and benefits of a policy that qualifies under the Qualified State Long-Term Care Insurance Partnership established under Title 15, Subtitle 4 of the Health - General Article;(2) provide a disclosure statement, approved by the Commissioner, to each applicant for long-term care insurance about the Qualified State Long-Term Care Insurance Partnership; and(3) make the disclosure statement required under item (2) of this subsection available to the Commissioner for inspection.Amended by 2017 Md. Laws, Ch. 672,Sec. 1, eff. 10/1/2017.