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OAC 365:10


issuer, other than a direct response issuer, or its agent, shall furnish the applicant, prior to issuance or delivery of the Medicare supplement policy or certificate, a notice regarding replacement of Medicare supplement coverage. One copy of the notice signed by the applicant and the agent, except where the coverage is sold without an agent, shall be provided to the applicant and an additional signed copy shall be retained by the issuer. A direct response issuer shall deliver to the applicant at the time of the issuance of the policy the notice regarding replacement of Medicare supplement coverage. (e) The notice required by (d) of this section for an issuer shall be provided in substantially the following form in Appendix T in no less than twelve (12) point type. (f) Paragraphs 1 and 2 of the replacement notice (applicable to preexisting conditions) may be deleted by an issuer if the replacement does not involve application of a new preexisting condition limitation.

[Source: Added at 9 Ok Reg 549, eff 12-13-91 (emergency); Added at 9 Ok Reg 2499, eff 6-26-92; Amended at 9 Ok Reg 3899, eff 8-24-92 (emergency); Amended at 10 Ok Reg 1475, eff 5-1-93; Amended at 14 Ok Reg 2292, eff 7-1-97; Amended at 22 Ok Reg 1954, eff 7-14-05]

365:10-5-136. Filing requirements for advertising An issuer shall provide a copy of any Medicare supplement advertisement intended for use in this state whether through written, radio or television medium to the Commissioner of Insurance of this state for review or approval by the Commissioner to the extent it may be required under state law.

[Source: Added at 9 Ok Reg 2499, eff 6-26-92]

365:10-5-137. Standards for marketing

  • (a)

    An issuer, directly or through its producers, shall:

    • (1)

      Establish marketing procedures to assure that any comparison of policies by its agents or other 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 health insurance and the types and amounts of any such insurance.

    • (5)

      Establish auditable procedures for verifying compliance with (a) of this section.

  • (b)

    In addition to the practices prohibited in 36 O.S. §1201 et seq., the following acts and practices

are prohibited: (1) Twisting. Knowingly making any misleading representation or incomplete or fraudulent comparison of any insurance policies or issuers 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 issuer. (2) High pressure tactics. Employing any method of marketing having the effect of or

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