Advertising Workgroup Resource Page
The Advertising Workgroup was organized in August 2006 to discuss both the regulatory framework (i.e., statutes and rules) and processes under which the Texas Department of Insurance´s Advertising Unit conducts reviews of insurance-related advertisements. The Workgroup´s objectives are to make recommendations for any necessary changes to statutes or rules and to identify any "best practice" opportunities for improvement to the review process.
The Advertising Workgroup meetings are open to the public. The following organizations have been specifically invited to participate:
- American Insurance Association
- American Council of Life Insurers
- America´s Health Insurance Plans
- Consumers Union
- Gray Panthers
- The Office of Public Insurance Counsel
- Property Casualty Insurers Association of America
- Texas Association of Health Plans
- Texas Association of Health Underwriters
- Texas Association of Life and Health Insurers
- Texas Watch
TDI Follow-up to Advertising Workgroup Discussions
Advertising Transmittal Form (CP024). This form is available for voluntary use to serve as a guide for submitting advertising material and supporting information to the Texas Department of Insurance for review.
Insurance advertising is defined, for the purposes of requirements relating to same, in 28 Texas Administrative Code, Part I (TAC), §21.102. All material that comes within the definition of an "advertisement" under that rule is subject to the requirements of Chapter 21, Subchapters A and B, TAC, and other relevant statutes and rules, as applicable.
TDI has jurisdiction to enforce compliance of all "advertisements" with those requirements. Relatively few lines are required to be filed with TDI for review. Those products, and underlying statutory and/or rule requirements that they be filed, are as follows:
§11.603, TAC. Must be filed at least 45 days prior to intended use. ( Note: Effective December 2000, HCFA (now Centers for Medicare and Medicaid Services, or CMS) issued a finding that the authority of state departments of insurance to regulate "Medicare Advantage" (formerly "Medicare + Choice") advertising was pre-empted by federal authority. However, this preemption does not apply to HMOs having "Medicare Cost" contracts (in Texas, this currently only includes Scott and White Health Plan).
Long Term Care Insurance
§3.3838, TAC. Must be filed at least 60 days prior to intended use.
§3.1707, TAC. Must be filed prior to use.
The National Association of Insurance Commissioner´s (NAIC) Interstate Compact National Standards Working Group is developing national standards for the review of long-term care insurance advertising. The Working Group's recommendations will be forwarded to the Interstate Insurance Product Regulation Commission, which will have authority to perform regulatory reviews on behalf of participating states regarding various products. The Commission plans to be operational by early 2007. More information can be obtained at http://www.insurancecompact.org/.
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Last updated: 09/06/2014