Section 991.1717 - Prohibited advertisement of Insurance Guaranty Association Article in insurance and other coverage sales(a) No person, including a member insurer, agent or affiliate of a member insurer, shall make, publish, disseminate, circulate or place before the public, or cause, directly or indirectly, to be made, published, disseminated, circulated or placed before the public, in any newspaper, magazine or other publication, or in the form of a notice, circular, pamphlet, letter or poster, or over any radio station or television station, or in any other way, any advertisement, announcement or statement, written or oral, which uses the existence of the association for the purpose of sales, solicitation or inducement to purchase any form of insurance or other coverage covered by this article, provided, however, that this section shall not apply to the association or any other entity which does not sell or solicit insurance, or coverage by a RANLI PPO, hospital plan corporation, professional health services plan corporation or health maintenance organization.(b) Within one hundred eighty (180) days of the effective date of this article, the association shall prepare a summary document describing the general purposes and current limitations of the article and complying with subsection (c). This summary document shall be submitted to the commissioner for approval. Sixty (60) days after receiving such approval, no member insurer may deliver a policy or contract to a policy owner, contract owner, certificate holder or enrollee unless the summary document is delivered to the policy owner, contract owner, certificate holder or enrollee prior to or at the time of delivery of the policy or contract . The summary document shall also be available upon request by a policy owner, contract owner, certificate holder or enrollee. The distribution, delivery or contents or interpretation of the summary document shall not mean that either the policy or the contract or the policy owner, contract owner, certificate holder or enrollee thereof would be covered in the event of the impairment or insolvency of a member insurer. The summary document shall be revised by the association as amendments to the article may require. Failure to receive the summary document does not give the policy owner, contract owner, certificate holder, enrollee or insured any greater rights than those stated in this article.(c) The summary document prepared under subsection (b) shall contain a clear and conspicuous disclaimer on its face. The commissioner shall promulgate a regulation establishing the form and content of the disclaimer. The disclaimer shall:(1) State the name and address of the association and department.(2) Prominently warn the policy owner, contract owner, certificate holder or enrollee that the association may not cover the policy or contract or, if coverage is available, it will be subject to substantial limitations and exclusions and conditioned on continued residence in this Commonwealth.(3) State the types of policies or contracts for which guaranty funds will provide coverage.(4) State that the member insurer and its agents are prohibited by law from using the existence of the association for the purpose of sales, solicitation or inducement to purchase any form of insurance or coverage by a RANLI PPO, hospital plan corporation, professional health services plan corporation or health maintenance organization.(5) Emphasize that the policy owner, contract owner, certificate holder or enrollee should not rely on coverage under the association when selecting an insurer, RANLI PPO, hospital plan corporation, professional health services plan corporation or health maintenance organization.(6) Explain rights available and procedures for filing a complaint to allege a violation of any provisions of this article.(7) Provide other information as directed by the commissioner, including, but not limited to, sources for information about the financial condition of insurers, RANLI PPOs, hospital plan corporations, professional health services plan corporations or health maintenance organizations provided that the information is not proprietary and is subject to disclosure under that state's public records law.(d) A member insurer shall retain evidence of compliance with subsection (b) for so long as the policy or contract for which the notice is given remains in effect. Amended by P.L. TBD 2020 No. 113, § 3, eff. 11/3/2020.1921, May 17, P.L. 682, No. 284, art. XVII, § 1717, added 1992, Dec. 18, P.L. 1519, No. 178, § 19, imd. effective.