Section 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.