Section 40.02 - Applicability(1)211 CMR 40.00 shall apply to any marketing method for any insured health plan that is intended for presentation, distribution or dissemination in Massachusetts when made or on behalf of any person as defined herein. A marketing method originating outside Massachusetts, but which may reasonably be expected to be seen or heard in this state, must comply with 211 CMR 40.00 or prominently set forth the following disclaimer: "This solicitation is not available to residents of Massachusetts."(2) Every carrier, as herein defined, shall establish and at all times maintain a system of control over the content, form and method of dissemination of all marketing methods of its insured health plans. All marketing methods shall be the responsibility of the carrier whose insured health plans are so marketed.