PARRIS N. GLENDENING, Governor

Ch. 35

WHEN SOLICITING OR ADVERTISING THE SALE OF A HEALTH INSURANCE
POLICY TO AN INDIVIDUAL ELIGIBLE FOR MEDICARE, A CARRIER OR AGENT MAY
NOT:

(1) REPRESENT OR IMPLY THAT THE CARRIER OR AGENT REPRESENTS,
WORKS FOR, OR IS COMPENSATED BY A FEDERAL, STATE, OR LOCAL GOVERNMENT
AGENCY;

(2) FALSELY REPRESENT OR IMPLY THAT THE CARRIER OR AGENT 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 AGENT 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 AGENT; OR

(III) TAKE OUT A POLICY WITH ANOTHER CARRIER.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, §§ 468F(a) and 468G(b)(l) and (c).

Throughout this section, the references to an "individual" eligible for
Medicare are substituted for the former references to a "person" for clarity
because only individuals may be eligible for Medicare.

In subsection (c)(1) of this section, the former phrase "in any way" is deleted
as surplusage.

Defined terms: "Carrier" § 15-901
"Health insurance" § 1-101
"Insurance" § 1-101
"Medicaid" § 15-901
"Medicare" § 15-901
"Medicare supplement policy" § 15-901
"Policy" §§ 1-101 and 15-901

15-925. PROHIBITED SOLICITATIONS.

(A) INDIVIDUALS NOT ELIGIBLE FOR MEDICARE.

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