Ill. Admin. Code tit. 50, § 2010.140 - Introductory, Initial or Special Offers
a) An advertisement of an individual policy
shall not directly or by implication represent that a contract or combination
of contracts is an introductory, initial or special offer, or that applicants
will receive substantial advantages not available at a later date, or that the
offer is available only to a specified group of individuals, unless such is the
fact. An advertisement shall not contain phrases describing an enrollment
period as "special," "limited," or similar words or phrases when the insurer
uses such enrollment periods as the usual method of advertising Medicare
supplement insurance.
b) An
enrollment period during which a particular insurance product may be purchased
on an individual basis shall not be offered within this State unless there has
been a lapse of not less than 6 months between the close of the immediately
preceding enrollment period for the same product and the opening of the new
enrollment period. The advertisement shall indicate the date by which the
applicant must mail the application, which shall be not less than ten days and
not more than forty days from the date that such enrollment period is
advertised for the first time. This requirement applies to all advertising
media, i.e., mail, newspapers, radio, television, magazines and periodicals, by
any one insurer. It is not applicable to solicitations of employees or members
of a particular group or association which otherwise would be eligible under
Sections 367 and 367a of the Illinois Insurance Code for group, blanket or
franchise insurance. The phrase "any one insurer" includes all the affiliated
companies of a group of insurance companies under common management or
control.
c) No advertisement shall
make any statement or implication to the effect that only a specific number of
policies will be sold, or that a time is fixed for the discontinuance of the
sale of the particular policy advertised because of special advantages
available in the policy, unless such is the fact.
d) The phrase "a particular insurance
product" in subsection (b) of this Section means an insurance policy which
provides substantially different benefits than those contained in any other
policy. Different terms of renewability; an increase or decrease in the dollar
amounts of benefits; an increase or decrease in any elimination period or
waiting period from those available during an enrollment period for another
policy shall not be sufficient to constitute the product being offered as a
different product eligible for concurrent or overlapping enrollment
periods.
e) An advertisement shall
not offer a policy which utilizes a reduced initial premium rate in a manner
which overemphasizes the availability and the amount of the initial reduced
premium. When an insurer charges an initial premium that differs in amount from
the amount of the renewal premium payable on the same mode, the advertisement
shall not display the amount of the reduced initial premium either more
frequently or more prominently than the renewal premium, and both the initial
reduced premium and the renewal premium must be stated in juxtaposition in each
portion of the advertisement where the initial reduced premium appears. The
term "juxtaposition" means side by side or immediately above or
below.
f) Special awards, such as a
"safe driver's award" shall not be used in connection with advertisements of
Medicare Supplement insurance.
Notes
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