02-031-140 Me. Code R. § 11

Current through 2024-46, November 13, 2024

Section 031-140-11 - Maintenance of records

A. Advertising File: Each insurer shall maintain at its home or principal office a complete file containing every printed, published or prepared advertisement of individual policies and typical printed, published or prepared advertisements of blanket, franchise and group policies hereafter disseminated in this state, with a notation attached to each such advertisement which shall indicate the manner and extent of distribution and the form number of any policy advertised. Such file shall be subject to regular and periodical inspection by this Department. All such advertisements shall be maintained in said file for a period of not less than three years.

B. Certificate of Compliance: Each insurer required to file an annual statement which is now or which hereafter becomes subject to the provisions of this Regulation must file with the Insurance Department, together with its annual statement, a certificate executed by an authorized officer of the insurer wherein it is stated that to the best of his knowledge, information and belief the advertisements which were disseminated by the insurer during the preceding statement year complied or were made to comply in all respects with the provisions of the insurance laws of this State as implemented and interpreted by this Regulation.

Each insurer as defined herein is hereby directed to acknowledge receipt of this Regulation before January, 1973, by a letter signed by the Chief Executive Officer.

NOTE: This Regulation supersedes Bulletin No. 81 dated Decem ber 1, 1958 and all prior rules and regulations relating to advertisements of Health Insurance.

Refers to Title 24-A, M.R.S.A., Chapter 23, Section 2154 and Title 24, M.R.S.A., Chapter 19.

In adopting this Regulation it is recognized that advertising is essential to the promotion of Health Insurance and that different kinds of advertising are needed for different purposes. Therefore, it is desirable to note that the purpose of this Regulation is not to inhibit the proper advertising of Health Insurance and that in determining whether an advertisement is false or misleading, its entire content, purpose, and use, will be considered.

Pursuant to Title 24-A, M.R.S.A., Chapter 3, Section 212, the Insurance Commissioner hereby adopts the following Regulation Governing Advertisements of Health Insurance in order to establish a uniform advertising regulation in the State of Maine.

Attached: Certificate of Compliance with Regulation Governing the Advertisement of Health Insurance (to be filed with Annual Statement)

A certificate of compliance, substantially in this form, is to be filed with the Annual Statement of each insurer as defined in Section 1. Paragraph D of the Regulation Governing Advertisemetns of Health Insurance.

CERTIFICATE OF COMPLIANCE WITH REGULATION

GOVERNING THE ADVERTISEMENT OF HEALTH

INSURANCE STATE OF MAINE

To the best of my knowledge, information and belief, the advertisements disseminated by this insurer during the preceding statement year complied or were made to comply in all respects with the provisions of Regulation Governing Advertisements of Health Insurance.

___________________________

(Name of Insurer) .

___________________________

(Signature and Title of Officer) .

Dated: _____________________

(This certificate to be filed with annual statement)

02-031 C.M.R. ch. 140, § 11