LD 1907
pg. 25
Page 24 of 38 PUBLIC Law Chapter 636 Page 26 of 38
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LR 2724
Item 1

 
viator consents to the viatical settlement contract,
acknowledges that the insured has a catastrophic or life-
threatening illness, represents that the insured viator has
a full and complete understanding of the viatical settlement
contract and that the insured viator has a full and complete
understanding of the benefits of the life insurance policy
and, acknowledges that the insured viator has entered into
the viatical settlement contract freely and voluntarily and,
for persons who are terminally ill or chronically ill,
acknowledges that the insured is terminally ill or
chronically ill and that the terminal or chronic illness was
diagnosed after the life insurance policy was issued; and

 
C. Notwithstanding section 2159, subsection 3 or any other
provisions of state law, a witnessed document in which the
insured consents to the release of the insured's medical
records to a settlement provider and, if the life insurance
policy was issued less than 2 years from the date of
application for a settlement contract to the insurance
company that issued the life insurance policy covering the
life of the insured.

 
The insurer shall respond to a request for verification of
coverage submitted by a settlement provider not later than 30
calendar days from the date the request is received. The request
for verification of coverage must be made on a form approved by
the superintendent. In its response, the insurer shall indicate
whether, based on the medical evidence and documents provided,
the insurer intends to pursue an investigation regarding the
validity of the insurance contract.

 
2. Confidentiality of medical information. All medical
information solicited or obtained by any licensee is subject to
the applicable provisions of state law relating to
confidentiality of medical information.

 
3. Unconditional rescission. All viatical settlement
contracts entered into in this State or entered into with
residents of this State must contain a provision for an
unconditional recission period of the earlier of the 30th day
after the date upon which the viatical settlement contract is
executed by both parties or the 15th day after the date upon
which payment is received by the viator that the viator has the
right to rescind a settlement contract before the earlier of 30
calendar days after the date upon which the settlement contract
is executed by all parties or 15 calendar days after the date
upon which payment is received by the viator as provided in
section 6808. Recission Rescission if exercised by the viator is
effective only if both notice of the recission rescission is


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