§431:10H-230 Standards of marketing--certain group policies. (a) With respect to the obligations set forth in this section, the primary responsibility of an association as defined in paragraph (2) of the definition of "group long-term care insurance" under section 431:10H-104, when endorsing or selling long-term care insurance, shall be to educate its members concerning long-term care issues in general so that its members can make informed decisions. Associations shall provide objective information regarding long-term care insurance policies or certificates endorsed or sold through the association to ensure that members of the association receive a balanced and complete explanation of the features in the policies or certificates that are being endorsed or sold.
(b) The insurer shall file the following information with the commissioner:
(c) The association shall disclose in any long-term care insurance solicitation:
(d) If the association and the insurer have interlocking directorates or trustee arrangements, the association shall disclose that fact to its members.
(e) The board of directors of an association endorsing or selling long-term care insurance policies or certificates shall review and approve the insurance policies as well as the compensation arrangements made with the insurer.
(f) The association shall also:
This subsection shall not apply to qualified long-term care insurance contracts.
(g) No group long-term care insurance policy or certificate may be issued to an association unless the insurer files with the commissioner the information required in this section.
(h) The insurer shall not issue a long-term care policy or certificate to an association or continue to market such a policy or certificate unless the insurer certifies annually that the association has complied with the requirements set forth in this section.
(i) Failure to comply with the filing and certification requirements of this section constitutes an unfair trade practice in violation of article 13 of this chapter. [L 1999, c 93, pt of §2; am L 2002, c 155, §76; am L 2007, c 233, §20]