Section 031-275-20 - Standards for MarketingA. An issuer, directly or through its 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 policy the following: "Notice to buyer: This policy may not cover all of your medical expenses."
(4) 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.(5) Establish auditable procedures for verifying compliance with this Subsection A.(6) If applicable, develop and document the implementation of procedures to monitor and assess the accuracy of information provided to consumers by outside entities or associations, with particular attention to guaranteed issue rights and other state-specific issues that cannot be addressed accurately by uniform nationwide materials. Carriers must make the procedures and written assessments available to the Bureau of Insurance upon request.B. In addition to the practices prohibited in 24-A M.R.S.A., Chapter 23, 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 the 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) Use an appointment that was made to discuss Medicare products or to solicit the sale of Medicare products in order to solicit sales of life insurance, health insurance or annuity products unless the consumer requests such solicitation and the products to be discussed are clearly identified to the consumer in writing at least 48 hours in advance of the appointment.(5) Solicit the sale of Medicare products door-to-door prior to receiving an invitation from a consumer.C. The terms "Medicare Supplement," "Medigap," "Medicare Wrap-Around" and words of similar import shall not be used unless the policy is issued in compliance with this Rule.02-031 C.M.R. ch. 275, § 20