Section Ins 3401.07 - Marketing Health Benefit Plans(a) The alliance shall establish marketing standards for use by the participating carrier or carriers.(b) Any marketing, advertisement, or educational material for health coverage sold through the alliance shall be approved by the alliance prior to its use. The alliance shall review all materials submitted to it and the materials shall be deemed approved if not disapproved within 30 days. The alliance may, through its contracts with the participating carrier or carriers, deem certain classes of materials to be approved.(c) The alliance shall make approved marketing materials available to member small employers in an efficient and standardized manner. These materials shall include, but not be limited to, an accurate summary of benefit plans, rates, cost, and accreditation information relating to the offerings of the participating carrier or carriers.(d) This section shall not be construed to prohibit or to compel the alliance or a participating carrier from using the services of a producer.(e) The participating carrier or carriers, contract administrator or producer of the participating carrier or carriers, or independent insurance producer shall not engage, directly or indirectly, in an activity or marketing practice that would encourage member small employers or eligible employees to: (1) Refrain from enrolling in a health benefit plan offered through the alliance because of their health status or claims experience;(2) Seek coverage from other participating carriers because of their health status or claims experience; or(3) Enroll or fail to enroll in the alliance because of their health status or claims experience.(f) Alliance members shall notify the commissioner of marketing practices or materials that are contrary to the provisions of this section. The commissioner shall monitor compliance with this section and investigate possible violations of the provisions of this section or other related unfair trade practices.N.H. Admin. Code § Ins 3401.07
#7434, INTERIM, eff 2-1-01, EXPIRED: 7-31-01
New. #7583, eff 11-1-01; ss by #9564, eff 10-19-09