Section 16-12-10 - Notice regarding policies or certificates which are not Medicare supplement policies(a) Any accident and sickness insurance policy or certificate other than a Medicare supplement policy, any policy issued pursuant to a contract under Section 1876 of the Federal Social Security Act ( 42 U.S.C. Section 1395 et seq.), any disability income policy, or any other policy identified in subsection 16-12-2(b) of this chapter, issued for delivery in this State to persons eligible for Medicare shall notify insureds under the policy that the policy is not a Medicare supplement policy or certificate. The notice shall either be printed or attached to the first page of the outline of coverage delivered to insureds under the policy or, if no outline of coverage is delivered, to the first page of the policy or certificate delivered to insureds. The notice shall be in no less than twelve point type and shall contain the following language: "This (policy or certificate) is not a Medicare supplement (policy or contract). If you are eligible for Medicare, review the Guide to Health Insurance for People with Medicare available from the company."
(b) Applications provided to persons eligible for Medicare for the health insurance policies or certificates described in subsection 16-12-10(a) shall disclose, using the applicable statement in Appendix C (Exhibit F (revised 2019)), the extent to which the policy duplicates Medicare. The disclosure statement shall be provided as a part of, or together with, the application for the policy or certificate.[Eff 5/17/82; am and comp 10/28/89; am and comp 12/27/90; am and comp 9/3/92; am and comp 7/6/99; am and comp 10/15/01; comp 12/9/02; am and comp 10/8/05; am and comp 9/25/09] (Auth: HRS §§ 431:2-201, 431:10A-304, 431:10A-305, 431:10A-307) (Imp: HRS §§ 431:2-201, 431:10A-305, 431:10A-307)