: Texas Register

Texas Register

TITLE 28	INSURANCE
PART 1	TEXAS DEPARTMENT OF INSURANCE
CHAPTER 3	LIFE, ACCIDENT AND HEALTH INSURANCE AND ANNUITIES
SUBCHAPTER Y	STANDARDS FOR LONG-TERM CARE INSURANCE, NON-PARTNERSHIP AND PARTNERSHIP LONG-TERM CARE INSURANCE COVERAGE UNDER INDIVIDUAL AND GROUP POLICIES AND ANNUITY CONTRACTS, AND LIFE INSURANCE POLICIES THAT PROVIDE LONG-TERM CARE BENEFITS WITHIN THE POLICY
DIVISION 2	NON-PARTNERSHIP AND PARTNERSHIP LONG-TERM CARE INSURANCE
RULE §3.3838	Filing Requirements for Advertising
ISSUE	01/30/2009
ACTION	Final/Adopted

Preamble

Texas Admin Code Rule

A long-term care insurance policy shall not be deemed to meet the standards and requirements set forth in this subchapter unless the filing company has complied with the requirements of the following paragraphs.

(1)Each insurer or other entity providing long-term care insurance or benefits in this state shall provide to the commissioner for review a copy of any long-term care insurance advertisement, as defined in §21.102 of this title (relating to Scope of insurance advertising, certain trade practices, and solicitation), other than an institutional advertisement as defined in §21.102 of this title that only references long-term care insurance as a line of coverage offered, but which does not otherwise describe long-term care insurance or benefits. The copy of the advertisement shall be submitted to the commissioner no later than 60 days prior to its first use. At the expiration of the 60-day period provided by this paragraph, any advertisement filed with the commissioner shall be deemed acceptable, unless before the end of that 60-day period the commissioner has notified the entity of its nonacceptance.

(2)All advertisements shall comply with all applicable federal and state laws and shall be submitted in accordance with §21.120 of this title (relating to Filing for Review). This section does not require prior approval of the advertisement. Nothing in this section relieves any person from otherwise complying with all applicable laws or from any sanction imposed by law.

(3)The insurer or other entity providing long-term care insurance shall retain all advertisements relating to long-term care insurance as provided in §21.116 of this title (relating to Special Enforcement Procedures for Rules Governing Advertising and Solicitation of Insurance).

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 13, 2009

TRD-200900160

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Effective date: February 2, 2009

Proposal publication date: July 18, 2008

For further information, please call: (512) 463-6327

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