§ 15-924. Solicitations of sales of health insurance policies to individuals eligible for Medicare

   (a) In general. -- Solicitation of the sale of a health insurance policy proposed to be issued to an individual eligible for Medicare may be made only in accordance with this section and § 15-925 of this subtitle.

(b) Required questions. --

   (1) When soliciting the sale of a health insurance policy to an individual eligible for Medicare, a carrier or insurance producer shall ask the individual whether the individual:

      (i) is already covered by an existing Medicare supplement policy; and

      (ii) is entitled to Medicaid benefits.

   (2) The carrier or insurance producer shall obtain a written statement from the individual that verifies the individual's information provided under paragraph (1) of this subsection.

(c) Prohibited acts. -- When soliciting or advertising the sale of a health insurance policy to an individual eligible for Medicare, a carrier or insurance producer may not:

   (1) represent or imply that the carrier or insurance producer represents, works for, or is compensated by a federal, State, or local government agency;

   (2) falsely represent or imply that the carrier or insurance producer is offering insurance to supplement Medicare that is approved or recommended by a federal, State, or local government agency;

   (3) use terms such as "Medicare consultant", "Medicare advisor", "Medicare bureau", or "disability insurance consultant" when describing the carrier or insurance producer in a letter, envelope, reply card, or any other writing or advertisement or in any oral representation; or

   (4) knowingly make a misrepresentation or incomplete or fraudulent comparison by commission or omission of a policy or carrier to induce or attempt to induce the individual to:

      (i) purchase, amend, lapse, surrender, forfeit, change, duplicate, or not renew coverage already in force;

      (ii) replace a policy that is only technically at variance with the policy being offered by the carrier or insurance producer; or

      (iii) take out a policy with another carrier.

HISTORY: An. Code 1957, art. 48A, § 468F, 468G; 1997, ch. 35, § 2; 2001, ch. 731, § 1.