(1) A viatical settlement provider shall file and have approved by the commissioner application forms, contracts and other forms as required by 33-1-501 and 33-20-1308 , MCA.

(2) A viatical settlement provider or broker shall file with the commissioner information brochures, advertising, and other solicitation materials that a provider or broker uses to market viatical settlements to viators or prospective viators in this state before using such materials.

(3) If a viator, prior to affectuating a viatical settlement, requests any changes to a contract form previously approved by the commissioner, the provider shall file a letter with the commissioner requesting a deviation from the standard contract form. The letter must provide:

(a) the name of a viatical settlement provider;

(b) that the viator requested substantive revision;

(c) the form number of the viatical settlement contract that was originally proposed;

(d) the deviations from a standard viatical settlement contract; and

(e) that the payment was reasonable under ARM 6.6.8507.

(4) The provider may not execute a revised viatical settlement contract with a viator until the commissioner has reviewed the revisions and approved the form pursuant to 33-1-501 , MCA.