Ohio § 1751.31

§ 1751.31.

(A) Any changes in a health insuring corporation's solicitation document shall be filed

with the superintendent of insurance thirty days prior to use for informational purposes,

and shall comply with the requirements of this section.  If the superintendent finds that any solicitation document fails to comply with

the requirements of this section, the superintendent may disapprove any solicitation

document or require amendment to it on any of the grounds stated in this section.  Such disapproval shall be effected by written notice to the health insuring corporation.  The notice shall state the grounds for disapproval and shall be issued in accordance

with Chapter 119. of the Revised Code. (B) The solicitation document shall contain all information necessary to enable a consumer

to make an informed choice as to whether or not to enroll in the health insuring corporation.  The information shall include a specific description of the health care services

to be available and the approximate number and type of full-time equivalent medical

practitioners.  The information shall be presented in the solicitation document in a manner that

is clear, concise, and intelligible to prospective applicants in the proposed service

area. (C) Every potential applicant whose subscription to a health care plan is solicited shall

receive, at or before the time of solicitation, a solicitation document approved by

the superintendent. (D) Notwithstanding division (A) of this section, a health insuring corporation may use

a solicitation document that the corporation uses in connection with policies for

medicare beneficiaries pursuant to a medicare risk contract or medicare cost contract,

or for policies for beneficiaries of the federal employees health benefits program

pursuant to 5 U.S.C.A. 8905 , or for policies for medicaid recipients, or for policies for beneficiaries of any

other federal health care program regulated by a federal regulatory body, or for policies

for beneficiaries of contracts covering officers or employees of the state entered

into by the department of administrative services, if both of the following apply: (1) The solicitation document has been approved by the United States department of health

and human services, the United States office of personnel management, the department

of medicaid, or the department of administrative services. (2) The solicitation document is filed with the superintendent of insurance prior to

use and is accompanied by documentation of approval from the United States department

of health and human services, the United States office of personnel management, the

department of medicaid, or the department of administrative services. (E) No health insuring corporation, or its agents or representatives, shall use monetary

or other valuable consideration, engage in misleading or deceptive practices, or make

untrue, misleading, or deceptive representations to induce enrollment.  Nothing in this division shall prohibit incentive forms of remuneration such as

commission sales programs for the health insuring corporation's employees and agents. (F) Any person obligated for any part of a premium rate in connection with an enrollment

agreement, in addition to any right otherwise available to revoke an offer, may cancel

such agreement within seventy-two hours after having signed the agreement or offer

to enroll.  Cancellation occurs when written notice of the cancellation is given to the health

insuring corporation or its agents or other representatives.  A notice of cancellation mailed to the health insuring corporation shall be considered

to have been filed on its postmark date. (G) Nothing in this section shall prohibit healthy lifestyle programs.