§ 26-43-308 — Advertisements; marketing; required disclosures

Wyoming § 26-43-308

• Jurisdiction: Wyoming
• Title 26: Insurance Code
• Ch. 43: HEALTH CARE

Text

(a) All advertisements, marketing materials, brochures,
air ambulance membership cards, presentations and any other
communications of an air ambulance membership organization shall
be truthful and not misleading in fact or in implication.
(b) An air ambulance membership organization advertising
or marketing its memberships to Wyoming residents shall:
(i) Submit all written advertisements and marketing
materials to the commissioner for review for compliance with
this article;
(ii) Not use language in its advertisements or
marketing that could reasonably mislead a person into believing
that the air ambulance membership plan is insurance;
(iii) Not use language in its advertisements,
marketing materials, brochures or presentations with respect to
being licensed or registered by a state insurance department or
with respect to being provided by a governmental entity in a
manner that could reasonably mislead an individual into
believing that the air ambulance membership plan is insurance or
has been endorsed by the state or any Wyoming governmental
entity;
(iv) Not have restrictions on access to air ambulance
membership organizations, including waiting periods and
notification periods.
(c) An air ambulance membership organization shall make
the following general disclosures in writing in bold and not
less than twelve (12) point font on the first content page of
any advertisement, marketing material or brochure made available
to prospective members or the public:
(i) The plan is a membership plan and is not
insurance coverage;
(ii) For air ambulance membership organizations as
defined by W.S. 26-43-301(a)(ii), that the range of discounts
for air ambulance services provided under the membership will
vary depending on the provider and the services offered;
(iii) The toll-free number and internet website
address for the air ambulance membership organization where
prospective members can obtain additional information about the
services offered by the air ambulance membership organization.
(d) An air ambulance membership organization shall provide
the disclosures required by subsection (c) of this section
orally to any person who makes initial contact with an air
ambulance membership organization by telephone.
(e) Before a person purchases a membership from an air
ambulance membership organization, the air ambulance membership
organization shall mail, give or, with the consent of the
person, email to the person a separate document printed in bold
and not less than twelve (12) point font that contains the
following disclosures:
(i) That the air ambulance membership is not
insurance coverage;
(ii) That, if eligible and covered under Medicare,
the prospective member may consult with a representative of the
Medicare program to determine the extent of applicable Medicare
coverage and what the member's payment obligations will be if
transported by air ambulance;
(iii) That the prospective member may be covered by
an air ambulance membership organization under a membership
provided by a governmental entity;
(iv) A detailed list of all one-time and periodic
fees that are and will be charged to the prospective member to
join the air ambulance membership organization;
(v) The Wyoming counties served by the air ambulance
membership organization;
(vi) That, in an emergency and if the prospective
member is outside of the air ambulance membership organization's
service area, air ambulance services may be provided by another
air ambulance provider or air ambulance membership organization,
and the benefits of the air ambulance membership organization
that the prospective member is joining may not apply to the
services provided by another air ambulance provider, and in such
case the prospective member may be responsible for the entire
bill;
(vii) That if the member cancels the membership not
later than thirty (30) days after purchasing a plan, the air
ambulance membership organization will refund to the member any
one-time charges paid by the member that exceed thirty dollars
($30.00) and all periodic charges paid by the member;
(viii) That the air ambulance membership organization
may not be the company called in the event of an emergency and
that the member may be responsible for the entire bill if a
different air ambulance service company provides the service.