LD 1907
pg. 22
Page 21 of 38 PUBLIC Law Chapter 636 Page 23 of 38
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LR 2724
Item 1

 
disclosures must be provided__to the viator no later than the
time the application for the settlement contract is signed by all
parties and must be signed by the viator and the settlement
provider and provide the following information:

 
1. Alternatives or options. Possible alternatives to or
options that can be used in conjunction with viatical settlement
contracts for persons with catastrophic or life-threatening
illnesses, including, but not limited to, accelerated death
benefits or policy loans offered by the issuer of the life
insurance policy;

 
2. Federal tax implications. The fact that some or all of
the proceeds of the viatical settlement contract may be free from
federal income tax under the federal Health Insurance Portability
and Accountability Act of 1996, Public Law 104-191; and that
restrictions, qualifications and other tax laws, particularly
those of the state in which the viator resides, may apply and
assistance should be sought from a professional tax advisor;

 
3. State tax implications. The fact that some or all of the
proceeds of the viatical settlement may be free from state income
tax under section 6809; and that restrictions, qualifications and
other tax laws, including those of the State state in which the
viator resides, may apply and assistance should be sought from a
professional tax advisor;

 
4. Claims of creditors. The fact that proceeds of the
viatical settlement could be subject to the claims of creditors;

 
5. Effect on government benefits. The fact that receipts
receipt of viatical settlements the proceeds of the settlement
may adversely affect the recipient's eligibility for Medicaid or
other means-based government programs, benefits or entitlements
and that advice should be obtained from the appropriate agencies;

 
6. Right to rescind. The policy owner's or certificate
holder's fact that the viator has the right to rescind a viatical
settlement contract before the earlier of the 30th day 30
calendar days after the date upon which the viatical settlement
contract is executed by both all parties or the 15th day 15
calendar days after the date upon which payment is received by
the viator as provided in section 6809; and.__If exercised by the
viator, rescission 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 settlement provider is
made within the rescission period.__If the insured dies during
the rescission period, the settlement contract is deemed to have
been rescinded, subject to repayment of all proceeds and any
premiums, loans and loan interest to the settlement provider;


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