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