Section 71.16 - Standards for Marketing(1) Every Issuer or other entity marketing Medicare Supplement Insurance in Massachusetts directly or through its producers, shall establish marketing procedures: (a) to ensure that any comparison of Policies by its agents or other producers will be fair and accurate.(b) to ensure excessive insurance is not sold or issued.(c) to ensure that Insureds are informed that the Policy they are purchasing does not cover all of the costs associated with medical care incurred by the Insureds by displaying the following prominently by type, stamp or other appropriate means on the first page of the Policy: "Notice to Buyer: This Policy may not cover all of your medical expenses."
(d) to inquire and otherwise make every reasonable effort to identify whether a prospective Applicant or enrollee for Medicare Supplement Insurance already has accident and sickness insurance and the types and amounts of any such insurance.(e) to ensure that Applicants and Insureds are clearly informed of the basic nature and provisions of their Medicare Supplement Insurance Policy.(f) to ensure that Insureds are clearly informed as to the benefits provided by Medicare.(2) Every Issuer or entity marketing Medicare Supplement Insurance in Massachusetts, directly or through its producers, is prohibited from "cold lead advertising", " twisting" or "high pressure tactics", as defined in 211 CMR 71.03.(3) Every Issuer or other entity marketing Medicare Supplement Insurance in Massachusetts, directly or through its producers, shall establish auditable procedures for verifying compliance with 211 CMR 71.16.(4) The terms "Medicare Supplement", "Medigap" and words of similar import shall not be used to describe a Medicare Supplement Insurance Policy, unless such Policy is issued in compliance with 211 CMR 71.00.Amended by Mass Register Issue 1397, eff. 8/9/2019.