New Jersey § 26:2j-38

§ 26:2j-38.

a. In order to provide for full and fair disclosure in the sale of medicare supplement

contracts or evidences of coverage, no medicare supplement contract or evidence of

coverage shall be delivered or issued for delivery in this State unless an outline

of coverage is delivered to the applicant at the time application is made. b. The commissioner shall prescribe the format and content of the outline of coverage

required by subsection a. of this section. For the purposes of this section, “ format ” means style, arrangement and overall appearance, including the size, color and prominence

of the font used, paper size and weight and the arrangement of text and captions. The outline of coverage shall include: (1) A description of the principal medicare supplement health care services provided; (2) A statement of any applicable exceptions, reductions and limitations in the available

medicare supplement health care services; (3) A statement of the renewal provisions, including any reservation by the health

maintenance organization of the right to change premiums or other fees; and (4) A statement that the outline of coverage is a summary of the medicare supplement

contract or evidence of coverage issued or applied for and that the contract or evidence

of coverage should be consulted to determine the governing contractual provisions. c. The commissioner may require by regulation the publication of forms and an informational

brochure with a standardized format and content, to serve as an aid in the selection

of appropriate coverage, if any, by those eligible for medicare, and to aid the consumer

in improving his understanding of medicare benefits. Except in the case of direct response solicitation for medicare supplement health

care services, the commissioner may require by regulation that the informational brochure

be provided, concurrently with delivery of the outline of coverage, to all prospective

enrollees eligible for medicare. With respect to direct response solicitation for medicare supplement health care

services, the commissioner may require by regulation that the prescribed brochure

be provided upon request to any prospective enrollee eligible for medicare, but in

no event later than the time the medicare supplement contract or evidence of coverage

is delivered. d. The commissioner may promulgate regulations for captions or notice requirements

for all contracts and evidences of coverage delivered or issued for delivery to persons

eligible for medicare to inform prospective enrollees that the particular contract

or evidence of coverage does not provide medicare supplement health care services. These notice requirements shall not apply to medicare supplement contracts or evidences

of coverage or to contracts issued pursuant to a contract under 42 U.S.C. s.1395l or 42 U.S.C. s.1395mm . e. The commissioner may further promulgate regulations to govern the full and fair

disclosure of information in connection with the replacement of contracts or evidences

of coverage by persons eligible for medicare.