Viatical Bill of Rights

Oncology, ONCOLOGY Vol 10 No 7, Volume 10, Issue 7

(Name of company), in order to encourage the best business practices in the industry, and to assist sellers of life insurance in assessing viatical options, agrees to abide by the following standards and practices:

(Name of company), in order to encourage the best business practicesin the industry, and to assist sellers of life insurance in assessingviatical options, agrees to abide by the following standards andpractices:

  • We will inform potential sellers that viatication is one ofseveral mechanisms for accessing cash benefits from a life insurancepolicy. We will encourage all potential sellers to work with afinancial adviser to determine a course of action best suitedto an individual seller's needs.
  • We will comply with all applicable federal and state laws,and in those states which have licensing requirements we willbe licensed and disclose our licensing status in informationalmaterials to clients. Our advertising will either disclose ourlicensing status or provide a phone number for clients to callto verify our licensing status in their state.
  • We will not engage in advertising practices that are false,misleading or deceptive.
  • We will present the complete terms of all offers to sellersin writing.
  • We will offer a range of options for monitoring the on-goinghealth of the seller after the purchase of the seller's life insurancepolicy, allowing the seller to select a monitoring method responsiveto the seller's needs. Monitoring options will include, at a minimum,monitoring by mail and directly with the seller's physician.
  • We will not, under any circumstances, divulge patient identifyinginformation without the written informed consent of the seller.When seeking the right to disclose patient identifying informationwe will ensure that the seller's consent is informed by alwaysproviding, at a minimum, the identity of the specific person(s)or entities proposed to receive such information. We also willrequire all such person(s) or entities to sign a statement thatthey will never divulge patient identifying information withoutthe seller's written informed consent.
  • We will provide proof that the funds to purchase the insurancepolicy have been set aside in an escrow account controlled byan independent agent prior to our receiving documents which transferownership of the policy.
  • We will never pay a finder's fee to any health care providercurrently providing care to the seller.
  • We will, at a minimum, provide sellers the right to returnthe proceeds and void the sale for a period of no less than 15days after the seller receives the proceeds.
  • We will include the following disclosures in every application:

The potential availability of accelerated benefits and other mechanismsof accepting cash through one's life insurance policy;

The potential tax, estate and probate implications of the viaticalsettlement pursuant to current federal and state laws;

The potential impact of the viatical settlement on the seller'seligibility for Medicaid, SSI and other needs-based public benefits;and

  • The potential impact of a viatical settlement on a sellerwho has recently filed for bankruptcy.
  • We will disclose the names of any individuals or entitieswho will be paid by us as a result of this transaction.
  • We will issue a copy of these standards and a statement thatwe abide by them with every application.