§ 51.30. Enrollment periods.
(a) An advertisement which utilizes an enrollment period shall prominently display the ending date of that period.
(b) An advertisement may not contain phrases such as ‘‘special enrollment,’’ ‘‘special limited enrollment,’’ ‘‘enrollment deadline,’’ ‘‘acceptance period’’ or similar words or phrases when the words or phrases falsely imply that an application must be made by a specific deadline in order to obtain the particular insurance product advertised by ‘‘any one company.’’ This section is inapplicable to solicitations of employes or members of a particular group or association which otherwise would be eligible for the coverage under specific provisions of the laws or regulations of this Commonwealth governing group, blanket or franchise insurance.
(c) An enrollment period during which a particular insurance product may be purchased on an individual basis may not be offered within this Commonwealth unless there has been a lapse of not less than 90 days 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 may not be less than 10 days and not more than 40 days from the date the enrollment period is advertised for the first time. This section applies to advertising media, such as, mail, newspapers, radio, television, magazines and periodicals, by ‘‘any one company.’’
(d) The phrase ‘‘any one company’’ in subsections (b) and (c) includes affiliated companies or a group of insurance companies under common management or control if the companies act in concert in such a manner as is primarily intended to make a particular insurance product available with less than 90 days between the close of the immediately preceding enrollment period and the opening of a new enrollment period.
(e) The phrase ‘‘a particular insurance product’’ in subsections (b) and (c) means an insurance contract which provides substantially different benefits than those contained in another contract. Different terms of renewability; an increase or decrease in the dollar amounts of benefits; an increase or decrease in an elimination period or waiting period from those available during an enrollment period for another policy may not be sufficient to constitute the product being offered as a different product eligible for concurrent or overlapping enrollment periods.
Cross References This section cited in 31 Pa. Code § 90c.17 (relating to enrollment period).
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