SECTION 3.3313. Filing Requirements for Advertising

A Medicare supplement 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) Every issuer providing Medicare supplement insurance or benefits in this state shall provide to the department for review a copy of any Medicare supplement advertisement, as defined in §21.102 of this title (relating to Scope), other than an institutional advertisement, as defined in §21.102(6) that only references "Medicare supplement" as a line of coverage offered, but which does not otherwise describe Medicare supplement insurance or benefits. The copy of the advertisement shall be submitted to the department 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 department shall be deemed acceptable, unless before the end of that 60-day period the department 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 departmental 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.

Source Note: The provisions of this §3.3313 adopted to be effective July 28, 1989, 14 TexReg 3401; amended to be effective February 14, 1990, 15 TexReg 540; amended to be effective April 15, 1992, 17 TexReg 2238; amended to be effective July 8, 2008, 33 TexReg 5319