Ins 3.39(23)(bL)(bL) In the case of a direct response issuer, a copy of the application or supplemental form, signed by the applicant, and acknowledged by the issuer, shall be returned to the applicant by the issuer upon delivery of the policy.
Ins 3.39(23)(c)(c) Upon determining that a sale will involve replacement, an issuer, other than a direct response issuer, or its agent, shall furnish the applicant, prior to issuance or delivery of the Medicare supplement policy or certificate, Medicare select policy or certificate, or Medicare cost policy, a notice regarding the replacement of Medicare supplement coverage in no less than 12 point type. One copy of the notice signed by the applicant and the agent, except where the coverage is sold without an agent, shall be provided to the applicant and an additional signed copy shall be retained by the issuer. A direct response issuer shall deliver to the applicant at the time of the solicitation of the policy the notice regarding replacement of Medicare supplement coverage.
Ins 3.39(23)(d)(d) The notice required by par. (c) for an issuer shall be provided in substantially the form as shown in Appendix 7.
Ins 3.39(23)(e)(e) If the application contains questions regarding health and tobacco usage, include a statement that health questions should not be answered if the applicant is in the open-enrollment period described in sub. (3r), or during a guaranteed issue period under sub. (34).
Ins 3.39(24)(24)Standards for marketing.
Ins 3.39(24)(a)(a) Every issuer marketing Medicare supplement insurance coverage in this state, directly or through its producers, shall do all of the following:
Ins 3.39(24)(a)1.1. Establish marketing procedures to assure that any comparison of policies by its agents or other producers will be fair and accurate.
Ins 3.39(24)(a)2.2. Establish marketing procedures to assure excessive insurance is not sold or issued.
Ins 3.39(24)(a)3.3. Inquire and otherwise make every reasonable effort to identify whether a prospective applicant or insured for Medicare supplement insurance already has accident and sickness insurance and the types and amounts of any such insurance.
Ins 3.39(24)(a)4.4. Display prominently by type-size, stamp or other appropriate means, on the first page of the policy the following: “Notice to buyer: This policy may not cover all of your medical expenses.”
Ins 3.39(24)(b)(b) Every issuer marketing Medicare supplement insurance shall establish auditable procedures for verifying compliance with par. (a).
Ins 3.39(24)(c)(c) In addition, the following acts and practices are prohibited:
Ins 3.39(24)(c)1.1. ‘Twisting.’ Knowingly making any misleading representation or incomplete or fraudulent comparison of any insurance policies or issuers for the purpose of inducing, or tending to induce, any person to lapse, forfeit, surrender, terminate, retain, pledge, assign, borrow on, or convert any insurance policy or to take out a policy of insurance with another issuer.
Ins 3.39(24)(c)2.2. ‘High pressure tactics.’ Employing any method of marketing having the effect of or tending to induce the purchase of insurance through force, fright, threat whether explicit or implied, or undue pressure to purchase or recommend the purchase of insurance.
Ins 3.39(24)(c)3.3. ‘Cold lead advertising.’ Making use directly or indirectly of any method of marketing which fails to disclose in a conspicuous manner that a purpose is solicitation of the purchase of insurance and that contact will be made by an agent or issuer.
Ins 3.39(24)(e)(e) In regards to any transaction involving a Medicare supplement policy, no person subject to regulation under chs. 600 to 655, Stats., may knowingly prevent or dissuade or attempt to prevent or dissuade, any person from:
Ins 3.39(24)(e)1.1. Filing a complaint with the office of the commissioner of insurance; or
Ins 3.39(24)(e)2.2. Cooperating with the office of the commissioner of insurance in any investigation; or
Ins 3.39(24)(e)3.3. Attending or giving testimony at any proceeding authorized by law.
Ins 3.39(24)(f)(f) If an insured exercises the right to return a policy during the free-look period, the issuer shall mail the entire premium refund directly to the person who paid the premium.
Ins 3.39(24)(g)(g) The terms “Medicare Supplement,” “Medigap,” “Medicare Wrap Around,” and “Medicare Advantage Supplement” and words of similar import may not be used in any materials including advertisements as defined in s. Ins 3.27 (5) (a), unless the policy or certificate is issued in compliance with this section.
Ins 3.39(25)(25)Appropriateness of recommended purchase and excessive insurance.
Ins 3.39(25)(a)(a) In recommending the purchase or replacement of any Medicare supplement policy or certificate, Medicare select policy or certificate, or Medicare cost policy, an agent shall make reasonable efforts to determine the appropriateness of a recommended purchase or replacement.
Ins 3.39(25)(b)(b) Any sale of Medicare supplement policy or certificate, Medicare select policy or certificate, or Medicare cost policy that will provide an individual more than one Medicare supplement policy or certificate, Medicare select policy or certificate, or Medicare cost policy is prohibited.
Ins 3.39(25)(c)(c) An agent shall forward each application taken for a Medicare supplement policy or certificate, Medicare select policy or certificate, or Medicare cost policy to the issuer within 7 calendar days after taking the application. An agent shall mail the portion of any premium collected due the issuer to the issuer within 7 days after receiving the premium.
Ins 3.39(25)(d)(d) An agent may not take and an issuer may not accept an application from an insured more than 3 months prior to the insured becoming eligible.
Ins 3.39(26)(26)Reporting of multiple policies.
Ins 3.39(26)(a)(a) On or before March 1 of each year, every issuer providing Medicare supplement policy or certificate, Medicare select policy or certificate, or Medicare cost policy in this state shall report the following information for every individual resident of this state for which the insurer has in force more than one Medicare supplement policy or certificate, Medicare select policy or certificate, or Medicare cost policy:
Ins 3.39(26)(a)1.1. Policy and certificate number.