Effective: September 11, 2008
Latest Legislation: House Bill 404 - 127th General Assembly
After a viatical settlement has occurred, contact with the insured for the purpose of determining the health status of the insured shall be made only by the viatical settlement provider, or the authorized representative of the viatical settlement provider. The viatical settlement provider, or authorized representative shall not contact the insured for the purpose of determining the insured's health status more than once every three months if the insured has a life expectancy of more than one year, or more than once per month if the insured has a life expectancy of one year or less. The viatical settlement provider shall explain the procedure for making these contacts at the time the viatical settlement contract is entered into.
The limitations set forth in this section do not apply to contacts made with an insured under a viaticated policy for purposes other than to determine the insured's health status.
Viatical settlement providers are responsible for the actions of their authorized representatives, for the purposes of this section except viatical settlement providers are not responsible for the actions of subsequent purchasers of a policy.
Structure Ohio Revised Code
Chapter 3916 | Viatical Settlements Model Act
Section 3916.01 | Viatical Settlements Model Act Definitions.
Section 3916.02 | Viatical Settlement Provider or Broker License.
Section 3916.03 | Application for License - Issuance, Renewal - New or Revised Information.
Section 3916.031 | Licensed Broker Business to Maintain Licensed Individual.
Section 3916.04 | Broker Deemed to Represent Viator - Fiduciary Duty.
Section 3916.05 | Forms to Be Approved by Superintendent - Fees.
Section 3916.06 | Required Disclosures With Application.
Section 3916.07 | Viatical Settlement Provider - Duties - Confidentiality of Medical Information.
Section 3916.08 | Right to Rescind Contract After Receipt of Proceeds.
Section 3916.09 | Independent Escrow Agent.
Section 3916.10 | Limiting Contact With Insured After Settlement Has Occurred.
Section 3916.11 | Records - Examinations.
Section 3916.12 | Annual Statement - Financial Statements.
Section 3916.13 | Permitted Disclosures.
Section 3916.14 | Examination by Superintendent.
Section 3916.15 | Prohibitions.
Section 3916.17 | Advertising of Viatical Settlement Contracts.
Section 3916.171 | Fraudulent Viatical Settlement Acts Prohibited.
Section 3916.172 | Transactions in Furtherance of Stranger-Originated Insurance Void.
Section 3916.173 | Trusts to Give Appearance of Insurable Interest Illegal.
Section 3916.18 | Prohibiting Fraudulent Acts.
Section 3916.19 | Injunctions.