054.00.41-4. DEFINITIONS
AR ADC 054.00.41-4Arkansas Administrative Code
Ark. Admin. Code 054.00.41-4
054.00.41-4. DEFINITIONS
(2) descriptive literature and sales aids of all kinds issued by an insurer, agent, producer, broker, or solicitor for presentation to members of the insurance buying public, including, but not limited to, circulars, leaflets, booklets, depictions, illustrations, form letters, and lead generating devices as herein defined;
The definition of “advertisement” includes advertising material included with a policy when the policy is delivered and material used in the solicitation of renewals and reinstatements.
The definition of “advertisement” does not include:
B. “Medicare Supplement Insurance” means a group or individual policy of disability insurance or a subscriber contract of a hospital and medical service corporation or health maintenance organization which is advertised, marketed or designed primarily as a supplement to reimbursements under Medicare for the hospital, medical or surgical expenses of persons eligible for Medicare by reason of age.
D. “Insurer” for purpose of this Rule shall include any individual, corporation, association, partnership, reciprocal exchange, inter-insurer, Lloyds, fraternal benefit society, health maintenance organization, hospital medical service corporation, prepaid health plan and any other legal entity which is defined as an “insurer” in the Insurance Code of this State and is engaged in the advertisement of itself, or medicare Supplement Insurance.
H. “Institutional advertisement” for the purpose of this Rule shall mean an advertisement having as its sole purpose the promotion of the reader's, viewer's or listener's interest in the concept of Medicare Supplement Insurance or the promotion of the insurer as a seller of Medicare Supplement Insurance.
I. “Invitation to Inquire” for the purpose of this Rule shall mean an advertisement having as its objective the creation of a desire to inquire further about Medicare Supplement Insurance which is limited to a brief description of coverage, and which shall contain a provision in the following or substantially similar form:
“This policy has (exclusions) (limitations) (reductions of benefits) (terms under which the policy may be continued in force or discontinued). For costs and complete details of the coverage, call (or write) your insurance agent or the company (whichever is applicable).
L. “Medicare” means “The Health Insurance For the Aged Act, Title XVIII of The Social Security Amendments of 1965 as Then Constituted or Later Amended”, or Title I, Part 1, of Public Laws 89-97, as enacted by the Eighty-Ninth Congress of the United States of America and popularly known as the “Health Insurance for the Aged Act”, as then constituted and any later amendments or substitutes thereof or words of similar import.
M. “Lead Generating Device” for the purpose of this Rule shall mean any communication directed to the public which, regardless of form, content, or stated purpose, is intended to result in the compilation or qualification of a list containing names and other personal information to be used to solicit residents of this State for the purchase of Medicare Supplement Insurance.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 054.00.41-4, AR ADC 054.00.41-4
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