§ 51.2. Filings of advertisements.
(a) Required filing. Mail-order solicitations of individual accident and health contracts or franchise accident and health contracts shall be filed as follows:
(1) A mail-order solicitation for an individual accident and health contract or a franchise accident and health contract shall be properly filed with the Department as an ‘‘Initial Filing of a Mail-order Solicitation,’’ not later than the day of first publication of the advertisement.
(2) A mail-order solicitation which has been properly filed with the Department in accord with this subsection and advertisement for which has subsequently been changed in any way, shall be filed in its changed form as an ‘‘Amended Filing of a Mail-order Solicitation’’ not later than the day of first publication of that changed advertisement.
(3) Once a mail-order solicitation has been properly filed with the Department as an ‘‘Initial Filing of a Mail-order Solicitation’’ or an ‘‘Amended Filing of a Mail-order Solicitation,’’ that same mail-order solicitation need not be filed with the Department upon each subsequent use for a period of 2 years from the date of that filing. An advertisement shall be refiled as a ‘‘Renewed Filing of a Mail-order Solicitation’’ not later than the date of first publication after the expiration of this 2-year period.
(b) Voluntary review of advertisements. Voluntary review shall occur as follows:
(1) Prior to first publication, a mail-order solicitation may be submitted to the Department as a ‘‘Voluntary Submission of an Advertisement’’ for voluntary review in regard to compliance with existing statutory requirements. In such cases, submission should be made at least 30 days prior to first publication.
(2) A mail-order solicitation submitted for voluntary review shall still be appropriately filed in accord with subsection (a).
(3) An advertisement submitted for the voluntary review will not be protected or insulated from an action that might be taken by the Department under existing statutory provisions of the law.
(c) Department right of review for all advertisements. Advertisements, whether or not actually filed or required to be filed with the Department under this chapter, may be reviewed at the discretion of the Department.
(d) Filing procedures. Advertisements filed or submitted shall be sent by certified mail and shall be accompanied by the following:
(1) Three copies of the advertisement.
(2) A stamped, self-addressed envelope to facilitate communication with the company.
(3) A cover letter submitted in duplicate which shall include the following:
(i) Proper designation of filing, as ‘‘Initial Filing of Mail-order Solicitation,’’ ‘‘Amended Filing of Mail-order Solicitation,’’ ‘‘Renewed Filing of Mail-order Solicitation’’ or ‘‘Voluntary Submission of an Advertisement.’’
(ii) The reference number or other approved identification of the contract form to which the advertisement refers or relates shall be stated.
(iii) The date of first publication and the specific newspaper or other means of public circulation shall be stated.
(iv) If it is an amended or renewed mail-order filing, the date of filing of the last filed form of the advertisement shall be stated. Further, there shall be a clear identification of changes made, if any, from the last filed form of the advertisement.
(v) If an enrollment is to be employed, a statement shall be included with the filing indicating the minimum and maximum length of the enrollment period that will be used.
(vi) If a testimonial is to be used in a mail-order solicitation, a statement by the company shall be submitted to the Department stating all relevant facts concerning any arrangement with the company for the providing of the testimonial, including any financial interest of the provider of the testimonial in the company. Further, the company shall submit copies of correspondence or other documentation from which any recommendations, favorable comments or other forms of testimonials appearing in a mail-order solicitation were taken.
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