§ 991.1717. Prohibited advertisement of Insurance Guaranty Association Article in insurance and...
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 40 P.S. InsuranceEffective: November 3, 2020
Effective: November 3, 2020
40 P.S. § 991.1717
§ 991.1717. Prohibited advertisement of Insurance Guaranty Association Article in insurance and other coverage sales
<For applicability of the amendment of this section by Act 2020, Nov. 3, P.L. 1097, No. 113, see § 4 of that Act.>
(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.
(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.
(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.
Credits
1921, May 17, P.L. 682, No. 284, art. XVII, § 1717, added 1992, Dec. 18, P.L. 1519, No. 178, § 19, imd. effective. Amended 2020, Nov. 3, P.L. 1097, No. 113, § 3, imd. effective.
40 P.S. § 991.1717, PA ST 40 P.S. § 991.1717
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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