Section 031-755-8 - Requirements for Replacement of Individual Health InsuranceA. An application form for individual health insurance shall include a question designed to elicit information as to whether the insurance to be issued is intended to replace any other health insurance presently in force. A supplementary application or other form to be signed by the applicant containing the question may be used.B. Upon determining that a sale will involve replacement, an insurer, other than a direct response insurer, or its agent shall furnish the applicant, prior to issuance or delivery of the policy, the notice described in Subsection C below. The insurer shall retain a copy of the notice. A direct response insurer shall deliver to the applicant upon issuance of the policy, the notice described in Subsection D below. In no event, however, will the notices be required in the solicitation of the following types of policies: accident-only and single-premium nonrenewable policies.C. The notice required by Subsection B above for an insurer, other than a direct response insurer, shall provide, in substantially the following form: NOTICE TO APPLICANT REGARDING REPLACEMENT
OF HEALTH INSURANCE
According to [your application] [information you have furnished], you intend to lapse or otherwise terminate existing health insurance and replace it with a policy to be issued by [insert company name] Insurance Company. For your own information and protection, you should be aware of and seriously consider certain factors that may affect the insurance protection available to you under the new policy.
(1) Health conditions that you may presently have, (preexisting conditions) may not be immediately or fully covered under the new policy. This could result in denial or delay of a claim for benefits present under the new policy, whereas a similar claim might have been payable under your present policy. [This subsection may be modified or omitted if preexisting conditions are covered under the new policy.](2) You may wish to secure the advice of your present insurer or its agent regarding the proposed replacement of your present policy. This is not only your right, but it is also in your best interests to make sure you understand all the relevant factors involved in replacing your present coverage.(3) Do not cancel your present policy until you have actually received your new policy and are sure you want to keep it.(4) If, after due consideration, you still wish to terminate your present policy and replace it with new coverage, be certain to truthfully and completely answer all questions on the application concerning your medical/health history. Failure to include all material medical information on an application may provide a basis for the company to deny any future claims and to refund your premium as though your policy had never been in force. After the application has been completed and before you sign it, reread it carefully to be certain that all information has been properly recorded. The above "Notice to Applicant" was delivered to me on:
____________________________
(Date)
____________________________
(Applicant's Signature)
D. The notice required by Subsection B of this section for a direct response insurer shall be as follows: NOTICE TO APPLICANT REGARDING REPLACEMENT
OF HEALTH INSURANCE
According to [your application] [information you have furnished] you intend to lapse or otherwise terminate existing health insurance and replace it with the policy delivered herewith issued by [insert company name] Insurance Company. Your new policy provides ten [insert higher number if the policy provides a longer period] days within which you may decide without cost whether you desire to keep the policy. For your own information and protection you should be aware of and seriously consider certain factors that may affect the insurance protection available to you under the new policy.
(1) Health conditions that you may presently have, (preexisting conditions) may not be immediately or fully covered under the new policy. This could result in denial or delay of a claim for benefits under the new policy, whereas a similar claim might have been payable under your present policy. [This subsection may be modified or omitted if preexisting conditions are covered under the new policy.](2) You may wish to secure the advice of your present insurer or its agent regarding the proposed replacement of your present policy. This is not only your right, but it is also in your best interests to make sure you understand all the relevant factors involved in replacing your present coverage.(3) Do not cancel your present policy until you have actually received your new policy and are sure you want to keep it.(4) [To be included only if the application is attached to the policy]. If, after due consideration, you still wish to terminate your present policy and replace it with new coverage, read the copy of the application attached to your new policy and be sure that all questions are answered fully and correctly. Omissions or misstatements in the application could cause an otherwise valid claim to be denied. Carefully check the application and write to [insert company name and address] within ten days if any information is not correct and complete, or if any past medical history has been left out of the application. [COMPANY NAME]
02-031 C.M.R. ch. 755, § 8