Section 2002.180  Enforcement Procedures

a)         Advertising File.  Each insurer shall maintain at its home or principal office a complete file containing every printed, published or prepared advertisement of its individual policies and typical printed, published or prepared advertisements of its blanket, franchise and group policies hereafter disseminated in this or any other state whether or not licensed in that other state, with a notation attached to each advertisement that shall indicate the manner and extent of distribution and the form number of any policy advertised.  The file shall be subject to regular and periodic inspection by the Department. All such advertisements shall be maintained in the file for a period of either four years or until the filing of the next regular report of examination of the insurer, whichever is the longer period of time.

b)         Certificate of Compliance.  With respect to those health insurance policies offered on the Illinois Health Insurance Marketplace, each insurer shall prepare and maintain a certificate of compliance that will be filed with the Department annually on or before March 15 of the year immediately following the year pertaining to the certificate.  With respect to those health insurance policies not offered on the Illinois Health Insurance Marketplace, each insurer shall prepare and maintain a certificate of compliance that will be placed on file with the insurer, together with the materials identified in subsection (a).  The certificates shall be executed by an authorized officer of the insurer.  The certificate shall state that, to the best of the authorized officer's knowledge, information and belief, the advertisements disseminated by the insurer during the preceding statement year complied, or were made to comply in all respects, with the provisions of this Part and the Insurance Laws of this State as implemented and interpreted by this Part.

(Source:  Amended at 38 Ill. Reg. 2124, effective January 2, 2014)