Sec. 31.14.01.15. Advertising

A. An insurer soliciting long-term care insurance in the State shall provide the Commissioner with a copy of any long-term care insurance advertisement intended for use in the State. For purposes of this regulation, "advertising" includes any material:

(1) Published, disseminated, circulated, or placed before the public in a newspaper, magazine, or other publication;

(2) In the form of a notice, circular, pamphlet, letter, or poster;

(3) Seen or heard over any radio or television station;

(4) Sent by direct mail; or

(5) Issued in any other manner intended to be seen or heard by the general public.

B. The insurer shall submit a copy of the advertising in advance to be received in the office of the Commissioner at least 30 days before its intended use.

C. The Commissioner may exempt an insurer's advertising form or material from the requirements of this regulation when, in the Commissioner's opinion, these requirements cannot be reasonably applied.

D. An insurer shall maintain in its home office a file of all long-term care advertisements for at least 3 years from the date the advertisements were first issued.

E. An insurer may not use the term "level premium" in a guaranteed renewable policy.

F. An insurer may not describe a policy which provides benefits for less than 24 months as a long-term care insurance policy.