N.Y. Insurance Law § 4323: Marketing materials

§ 4323. Marketing materials. (a) All health maintenance organizations

issued a certificate of authority under article forty-four of the public

health law or licensed under this article shall prepare, in conjunction

with the superintendent, and shall participate in and share the cost of

the publication and dissemination of a consumer's shopping guide for

standardized individual health plans issued pursuant to sections four

thousand three hundred twenty-one and four thousand three hundred

twenty-two of this article and a separate consumer shopping guide for

standardized qualifying individual health insurance contracts and

standardized qualifying group health insurance contracts issued pursuant

to section four thousand three hundred twenty-six of this article. The

consumer's shopping guides shall be published annually and shall include

the names, addresses and telephone numbers of all health maintenance

organizations offering such coverage as well as a description of the

plan design and premiums in such a manner that facilitates consumer

comparison.

(b) Health maintenance organizations may distribute additional sales

or marketing brochures describing the standardized coverage offered

subject to review by the superintendent.

(c) All health maintenance organization marketing materials must be

sufficiently clear to avoid deception or the capacity or tendency to

mislead or deceive and may not disparage competitors.