NAC688C.240. Prohibited acts.

     1. A provider of viatical settlements or a broker of viatical settlements shall not:

     (a) Discriminate in the making or solicitation of viatical settlements on the basis of race, age, sex, national origin, religion, occupation, marital or familial status or sexual orientation.

     (b) Pay or offer to pay any fee, commission or other compensation to a physician, an attorney, an accountant, another person providing medical, legal or financial planning, or any other person acting as an agent for a viator for a referral of an insured to the provider of viatical settlements or broker of viatical settlements.

     (c) Knowingly solicit a person who has provided health care services or has been asked to provide health care services to an insured to be a purchaser of viatical settlements involving the insured.

     2. A person shall not act:

     (a) As both a provider of viatical settlements and as a broker of viatical settlements for a viatical settlement.

     (b) As a broker of viatical settlements without the written agreement of the viator.

     3. A provider of viatical settlements shall not use a longer life expectancy for an insured than is reasonable.

     (Added to NAC by Comm’r of Insurance by R180-03, eff. 11-15-2004)