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OAC 365:10

INSURANCE DEPARTMENT

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 agent or insurance company.

  • (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 Part.

[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]

365:10-5-138. Appropriateness of recommended purchase

and excessive insurance (a) In recommending the purchase or replacement of any Medicare supplement policy or certificate an agent shall make reasonable efforts to determine the appropriateness of a recommended purchase or replacement. (b) Any sale of Medicare supplement coverage that will provide an individual more than one Medicare supplement policy or certificate is prohibited. (c) An issuer shall not issue a Medicare supplement policy or certificate to an individual enrolled in Medicare Part C unless the effective date of the coverage is after the termination of the individual's Part C coverage.

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

Ok Reg

, eff 7-14-05]

365:10-5-139. Reporting of multiple policies (a) On or before March 1 of each year, an issuer shall report the following information for every individual resident of this State for which the issuer has in force more than one Medicare supplement policy or certificate:

    • (1)

      Policy and certificate number, and

    • (2)

      Date of issuance.

  • (b)

    The items set forth (a) of this section must be grouped by individual policyholder.

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

365:10-5-140. Prohibition against preexisting conditions, waiting periods, elimination periods and probationary periods in replacement policies or certificates (a) If a Medicare supplement policy or certificate replaces another Medicare supplement policy or certificate, the replacing issuer shall waive any time periods applicable to preexisting conditions, waiting periods, elimination periods and probationary periods in the new Medicare supplement policy or certificate to the extent such time was spent under the original policy. (b) If a Medicare supplement policy or certificate replaces another Medicare supplement policy or certificate which has been in effect for at least six (6) months, the replacing policy shall not provide any time period applicable to preexisting conditions, waiting periods, elimination periods and

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