§ 4323 — Marketing materials

§ 4323. Marketing materials. (a) All health maintenance organizations\nissued a certificate of authority under article forty-four of the public\nhealth law or licensed under this article shall prepare, in conjunction\nwith the superintendent, and shall participate in and share the cost of\nthe publication and dissemination of a consumer's shopping guide for\nstandardized individual health plans issued pursuant to sections four\nthousand three hundred twenty-one and four thousand three hundred\ntwenty-two of this article and a separate consumer shopping guide for\nstandardized qualifying individual health insurance contracts and\nstandardized qualifying group health insurance contracts issued pursuant\nto section four thousand three hundred twenty-six of this article. The\nconsumer's shopping guides shall be published annually and shall include\nthe names, addresses and telephone numbers of all health maintenance\norganizations offering such coverage as well as a description of the\nplan design and premiums in such a manner that facilitates consumer\ncomparison.\n (b) Health maintenance organizations may distribute additional sales\nor marketing brochures describing the standardized coverage offered\nsubject to review by the superintendent.\n (c) All health maintenance organization marketing materials must be\nsufficiently clear to avoid deception or the capacity or tendency to\nmislead or deceive and may not disparage competitors.\n