(a) (1) This section may not be construed to require a carrier to disclose information that is proprietary and trade secret information under applicable law. (2) This section applies only to carriers offering an individual plan or a small group plan. (b) A carrier shall disclose to an individual or employer, as applicable, the following information: (1) the carrier's right to change premium rates and the factors that may affect changes in premium rates; and (2) the benefits and premiums available under all health benefit plans for which the employer or individual is qualified. (c) The carrier shall make the disclosure required under subsection (b) of this section: (1) as part of its solicitation and sales material; or (2) if the information is requested by the individual or employer. (d) Information disclosed in accordance with subsection (b) of this section shall be: (1) provided in a manner determined to be understandable by the average employer or individual; and (2) sufficient to reasonably inform the employer or individual of the employer's or individual's rights and obligations under the health benefit plan.
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