(1) With each application for a viatical settlement contract, a viatical settlement provider or life insurance producer shall provide the viator with at least the following information, in a separate document signed by the viator and the viatical settlement provider or life insurance producer, no later than the time the application for the viatical settlement contract is signed by all parties:
That there exist possible alternatives to a viatical settlement contract, including anyaccelerated death benefits or policy loans offered under the viator's life insurance policy;
That some or all of the proceeds of the viatical settlement contract may be taxableunder federal income tax and state franchise and income taxes, and assistance may be sought from a professional tax advisor;
That proceeds of the viatical settlement contract may be subject to the claims ofcreditors;
That receipt of the proceeds of a viatical settlement contract may adversely affect theviator's eligibility for medicaid or other government benefits or entitlements, and advice may be obtained from the appropriate government agencies;
That the viator has the right to rescind a viatical settlement contract before the earlierof thirty calendar days after the date upon which the viatical settlement contract is executed by all parties or fifteen calendar days after the receipt of the viatical settlement proceeds by the viator. Rescission, if exercised by the viator, is effective only if both notice of the rescission is given and repayment of all proceeds and any premiums, loans, and loan interest to the viatical settlement provider is made within forty-five days after the end of the rescission period. If the insured dies during the rescission period, the viatical settlement contract is deemed to have been rescinded, subject to repayment of all viatical settlement proceeds and any premiums, loans, and loan interest being made to the viatical settlement provider within the rescission period.
That funds must be sent to the viator within three business days after the viaticalsettlement provider has received the insurer's or group administrator's acknowledgment that ownership of the viaticated policy has been transferred and the beneficiary has been designated;
That entering into a viatical settlement contract may cause other rights or benefits,including conversion rights and waiver of premium benefits that may exist under the policy, to be forfeited by the viator, and that the viator may seek assistance from an independent financial adviser;
The following statement: "All medical, financial, or personal information solicited orobtained by a viatical settlement provider or a life insurance producer about an insured, including the insured's identity or the identity of family members, a spouse, or a significant other, may be disclosed as necessary to effect the viatical settlement contract between the viator and the viatical settlement provider. If you are asked to provide this information, you will be asked to consent to the disclosure. The information may be provided to someone who buys the policy or provides funds for the purchase. You may be asked to renew your permission to share information every two years."
That the insured may be contacted by either the viatical settlement provider or itsauthorized representative for the purpose of determining the insured's health status. This contact is limited to once every three months if the insured has a life expectancy of more than one year, and no more than once each month if the insured has a life expectancy of one year or less.
In addition to the information described in subsection (1) of this section, the disclosure to a viator shall include distribution of a brochure, approved by the commissioner, describing the process of viatical settlements.
No later than the date the viatical settlement contract is signed by all parties, theviatical settlement provider shall provide the viator with at least the following information, displayed conspicuously in the viatical settlement contract or in a separate document signed by the viator and the viatical settlement provider:
The affiliation, if any, between the viatical settlement provider and the issuer of theinsurance policy to be acquired pursuant to the viatical settlement contract;
The name, address, and telephone number of the viatical settlement provider;
If a policy to be acquired pursuant to a viatical settlement contract has been issued asa joint policy or involves family riders or any coverage of a life other than the insured under the policy to be acquired pursuant to a viatical settlement contract, the viator shall be informed of the possible loss of coverage on the other lives under the policy and advised to consult with his or her insurance producer or the insurer issuing the policy for advice on the proposed viatical settlement contract;
The dollar amount of the current death benefit payable to the viatical settlement provider under the policy. If known, the viatical settlement provider shall also disclose the availability of additional guaranteed insurance benefits, the dollar amount of accidental death and dismemberment benefits under the policy or certificate, and the viatical settlement provider's interest in those benefits.
The name, business address, and telephone number of the independent third-partyescrow agent, and the fact that the viator may inspect or receive copies of the relevant escrow or trust agreements or documents.
(4) If the viatical settlement provider transfers ownership or changes the beneficiary of the policy, the viatical settlement provider shall communicate the change in ownership or beneficiary to the insured within twenty days after the change.
Source: L. 2005: Entire part added, p. 1309, § 1, effective January 1, 2006.