Section 7807. Disclosure  


Latest version.
  • (a)  The  application for a viatical settlement
      shall contain a notice,  prominently  displayed,  to  read  as  follows:
      "Receipt  of  payment  pursuant  to  a  viatical  settlement  may affect
      eligibility for public assistance programs such  as  medical  assistance
      (medicaid),  family assistance, supplementary social security income and
      AIDS drug assistance programs and may be taxable. Prior to applying  for
      a  viatical settlement, policyowners should consult with the appropriate
      social  services  agency  concerning  how  receipt   will   affect   the
      eligibility  of  the recipient and the recipient's spouse or dependents,
      and with a qualified tax adviser."
        (b) Upon receipt of an application  for  a  viatical  settlement,  the
      viatical   settlement   company   shall  deliver  to  the  applicant  an
      information booklet describing:
        (1) how viatical settlements operate;
        (2) possible alternatives to viatical  settlements  for  persons  with
      catastrophic  or  life-threatening illnesses, including, but not limited
      to, accelerated benefits offered by the issuer  of  the  life  insurance
      policy and loans secured by the life insurance policy;
        (3)  tax  consequences  that  may result from entering into a viatical
      settlement;
        (4) consequences of interruption of assistance as provided by  medical
      or public assistance programs;
        (5) the viator's right to rescind a viatical settlement within fifteen
      days of receipt of the viatical settlement proceeds; and
        (6)   the  identity  of  any  person  who  will  receive  any  fee  or
      compensation from the viatical settlement company with  respect  to  the
      viatical settlement and the amount and terms of such compensation.