HARRY HUGHES, Governor

1087

(1)  REPRESENT OR IMPLY THAT THE INSURER OR AGENT
IN ANY WAY REPRESENTS OR IS WORKING FOR OR IS COMPENSATED BY
A FEDERAL, STATE, OR LOCAL GOVERNMENT;

(2)  FALSELY REPRESENT OR IMPLY THAT THE INSURER
OR AGENT IS OFFERING INSURANCE APPROVED OR RECOMMENDED BY
ANY FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCY TO SUPPLEMENT
MEDICARE;

(3)  MAKE USE OF TERMS SUCH AS MEDICARE
CONSULTANT, MEDICARE ADVISOR, MEDICARE BUREAU, OR DISABILITY
INSURANCE CONSULTANT IN A LETTER, ENVELOPE, REPLY CARD OR IN
ANY OTHER WRITING, OR ADVERTISEMENT, OR IN ANY ORAL
REPRESENTATION DESCRIBING THE INSURER OR THE AGENT OR
AGENCY;

(4)  MAKE ANY MISREPRESENTATION OR INCOMPLETE
COMPARISON BY COMMISSION OR OMISSION, FOR THE PURPOSE OF
INDUCING OR ATTEMPTING TO INDUCE THE MEDICARE ELIGIBLE
PERSON TO PURCHASE, AMEND, LAPSE, SURRENDER, FORFEIT,
CHANGE, DUPLICATE, OR NOT RENEW COVERAGE ALREADY IN FORCE,
OR TO REPLACE A POLICY THAT IS ONLY TECHNICALLY AT VARIANCE
WITH THE POLICY OR POLICIES BEING OFFERED.

(C) UNLESS THE POLICY CONFORMS TO THE REQUIREMENTS OF
§ 468C OF THIS SUBTITLE, AN INSURER OR AGENT MAY NOT USE THE
TERMS "MEDICARE SUPPLEMENT", "MEDI-GAP", OR WORDS OF SIMILAR
IMPORT IN ADVERTISING OR OTHERWISE IN THE SOLICITATION OF
THE SALE OF A HEALTH INSURANCE POLICY.

468H.

(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

(2)  "LOSS RATIO" MEANS THE RATIO OF LOSSES
INCURRED TO PREMIUMS EARNED ON POLICIES ISSUED, DELIVERED,
OR RENEWED IN THIS STATE.

(3)  "SPECIFIED DISEASE POLICY" MEANS A HEALTH
INSURANCE POLICY THAT PROVIDES:

(I)  BENEFITS ONLY FOR A DISEASE OR
DISEASES SPECIFIED IN THE POLICY OR FOR TREATMENT UNIQUE TO
A SPECIFIED DISEASE OR DISEASES; OR

(II)  ADDITIONAL BENEFITS FOR A DISEASE OR
DISEASES SPECIFIED IN THE POLICY OR FOR TREATMENT UNIQUE TO
A SPECIFIED DISEASE OR DISEASES.

(B)  THE COMMISSIONER SHALL ESTABLISH A REASONABLE
MINIMUM LOSS RATIO IN ACCORDANCE WITH GENERALLY ACCEPTED
ACTUARIAL PRINCIPLES WITH RESPECT TO SPECIFIED DISEASE
POLICIES FOR THE PURPOSE OF ADMINISTERING §§ 375, 375A, AND
376 OF THIS ARTICLE.