State RegulationsMA specificDifficulty 2/5
An insurer wants to feature a customer's identifiable health claim details in a testimonial advertisement for an individual health policy. Under 211 CMR 42.09 and M.G.L. c. 175, § 108E, what is the rule on disclosing information about individuals in advertising?
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Answer & full 3-part explanation (select an option above, or peek)
Why C is correct
The Massachusetts advertising rules for individual accident and health insurance — 211 CMR 42.09 and M.G.L. c. 175, § 108E — prohibit the disclosure of information about individuals in advertisements absent proper authorization. Even a favorable testimonial reveals private health and claims information, so the insurer must have the individual's authorization before the details appear. Anonymizing a name does not cure the problem when the claim story itself identifies the person's health history.
Why the other options are wrong
- A) Changing the name does not authorize the disclosure; the identifiable health and claim details themselves are what the rule protects.
- B) The insurer's belief that the story is flattering is irrelevant; authorization from the individual is the operative requirement.
- D) The audience does not matter — producer-only publications are still advertising channels, and the authorization requirement applies regardless.
Memory hook
No story, no sale: identifiable claim details stay out of ads without authorization.