§ 4323. Marketing materials. (a) All health maintenance organizations
issued a certificate of authority under article forty-four of the public
health law or licensed under this article shall prepare, in conjunction
with the superintendent, and shall participate in and share the cost of
the publication and dissemination of a consumer's shopping guide for
standardized individual health plans issued pursuant to sections four
thousand three hundred twenty-one and four thousand three hundred
twenty-two of this article and a separate consumer shopping guide for
standardized qualifying individual health insurance contracts and
standardized qualifying group health insurance contracts issued pursuant
to section four thousand three hundred twenty-six of this article. The
consumer's shopping guides shall be published annually and shall include
the names, addresses and telephone numbers of all health maintenance
organizations offering such coverage as well as a description of the
plan design and premiums in such a manner that facilitates consumer
comparison.

(b) Health maintenance organizations may distribute additional sales
or marketing brochures describing the standardized coverage offered
subject to review by the superintendent.

(c) All health maintenance organization marketing materials must be
sufficiently clear to avoid deception or the capacity or tendency to
mislead or deceive and may not disparage competitors.