Advertising & Marketing Guidelines

Advertisement Requirements *

The provisions of Regulation 34 (11NYCRR 215) of the Insurance Department apply to any advertisements intended for presentation, distribution or dissemination in New York State when such presentation, distribution or dissemination is made either directly or indirectly by or on behalf of an insurer, agent or broker as those terms are defined in the New York Insurance Law and Regulation 34. Every insurer shall establish and at all times maintain a system of control over the content, form and method of dissemination of all advertisements of its policies/certificates. All such advertisements, regardless of by whom written, created, designed or presented, shall be the responsibility of the insurer whose policies/certificates are so advertised. Accordingly, agents and brokers who develop advertising campaigns and materials must bring the specific details of these campaigns and materials to the attention of the insurer(s) whom they represent. Also, insurers, agents, and brokers must require any sub-contractors developing advertising campaigns and materials to bring the specific details of these campaigns and materials to the attention of the insurer (s) whose policies/certificates are advertised.

Advertisements include, but are not limited to, printed materials, radio scripts, TV scripts, leaflets, form letters, prepared sales talks, presentations. All commonly recognized marketing media are considered advertisements.

Advertisements shall be sufficiently complete and clear to avoid deception or the capacity or tendency to mislead or deceive. The insurer shall be identified and made clear in all advertisements. An advertisement shall not create the impression that the private long-term care Partnership insurance policies/certificates or kinds of private insurance are endorsed or somehow connected with the government or government officials (including, but not limited to, any divisions or agencies of governments or their supervisory officials) of: a.) municipality, b.) New York State, c.) any State, d.) a United States territory of possession, e.) any sovereign entity. An advertisement shall carefully distinguish between the private long-term care Partnership insurance benefits and rates of participating private Partnership insurers and the benefits becoming available from the New York State Medicaid program only after exhaustion of required private long-term care Partnership insurance benefits.

* This is a summary which should not be used as a substitute for a review of Regulation 34 (11NYCRR215) of the Insurance Department in its entirety.

Disclaimers required in all NYS Partnership print ads and print advertising

I. Disclaimer wording to be used when the NYS Partnership for Long-Term Care logo appears on the advertisement.

The New York State Partnership for Long-Term Care Program (NYSPLTC) symbol indicates the coverage advertised complies with New York State (NYS) requirements for participation in the NYSPLTC. However, NYS and the NYSPLTC do not take part in specific insurer marketing plans, and do not endorse specific insurers or their policies/certificates.

II. Disclaimer wording to be used when the NYS Partnership for Long-Term Care logo does not appear on the advertisement.

The coverage advertised complies with New York State (NYS) requirements for participation in the NYS Partnership for Long-Term Care program (NYSPLTC). However, NYS and the NYSPLTC do not take part in specific insurer marketing plans, and do not endorse specific insurers or their policies/certificates.

Use of the New York State Partnership Logo

The New York State Partnership logo appears in an advertisement/marketing piece to inform the public that an innovative approach to long term care financing exists where participating New York State Partnership insurers and the New York State Medicaid program are partners for the benefit of consumers suited to New York State Partnership products. The logo should be used to indicate that ALL participating New York State Partnership insurers meet a certain minimum level of requirements set by New York State for the New York State Partnership program. The logo should not be used as an indicator that New York State and/or the New York State Partnership program endorses one New York State participating Partnership insurer (or its products) over another insurer. Choice of the Partnership LTC product (over other LTC products) and choice of the particular Partnership product of a particular New York State participating Partnership insurer are individual consumer decisions, and the use of the logo must always be implemented in a manner that enhances clarity (and avoids deception and avoids the capacity or tendency to mislead or deceive) for the New York State consumer in making his/her long term care financing decisions.

Use the New York State Partnership logo only when you are using the logo and a prominently written company signature of at least one of the insurance carriers which offer the Partnership policies. Always place the New York State Partnership logo in an inferior position in the visual arrangement. Examples are: on the bottom of the page, under or to the right of the company logo. Make sure the New York State Partnership logo is smaller than the company logo or signature.

If you are or represent a business which offers either advice about financial management or insurance and other financial management products, please be aware the New York State Partnership logo may be used only with the name and/or logo of an insurance company which is authorized by New York State to offer New York State qualified Partnership policies/certificates.

Be sure to include the name of your company or a phrase that establishes you are not a spokesperson for the New York State Partnership for Long-Term Care. A phrase such as “Your local (name of carrier) representative” serves very nicely for this purpose. Use the appropriate disclaimer language that is required for the display of the NYS Partnership for Long-Term Care logo.

Call the Partnership at (518) 474-0662 and we will arrange for an electronic version of the logo to be sent to you. EPS images are available.

Please send a copy of your final ad(s) or other final marketing piece(s) --and require any subcontractors performing work/services on your behalf to send a copy of the final ad(s) or other final marketing piece(s)-- to the participating New York State Partnership insurer(s) you are representing for the review of the participating New York State Partnership insurer(s) of the final ad(s) or other final marketing piece(s) before use/dissemination. Please keep written records demonstrating that: a.) the final ad(s) or other final marketing piece(s) was sent for the review of the participating New York State Partnership insurer(s), and b.) the participating New York State Partnership insurer(s) approved of the use/dissemination of the final ad(s) or other final marketing piece(s) or the final ad(s) or other final marketing pieces(s) was used/disseminated with any revisions required by the participating New York State Partnership insurer.

Please note that all New York State Partnership logo uses in print ad(s) and other display must comply with Insurance Department Regulation 34 (11NYCRR215). This regulation should be reviewed in its entirety. This review should include, but not be limited to, Section 215.13 as it pertains to the identity of an insurer when a service mark or symbol is used and leaving an impression that a solicitation is connected with a governmental agency.