Ch. 35

1997 LAWS OF MARYLAND

WHEN SOLICITING THE SALE OF A HEALTH INSURANCE POLICY, A CARRIER OR
AGENT MAY NOT KNOWINGLY OFFER A MEDICARE SUPPLEMENT POLICY TO AN
INDIVIDUAL NOT ELIGIBLE FOR MEDICARE.

(B) INDIVIDUALS ELIGIBLE FOR MEDICAID BENEFITS.

A CARRIER OR AGENT MAY NOT NEGLIGENTLY OR KNOWINGLY SELL OR
OFFER TO SELL A MEDICARE SUPPLEMENT POLICY TO AN INDIVIDUAL ELIGIBLE
FOR MEDICAID BENEFITS.

(C) DUPLICATE COVERAGE.

A CARRIER OR AGENT MAY NOT NEGLIGENTLY OR KNOWINGLY SELL OR
OFFER TO SELL TO AN INDIVIDUAL A MEDICARE SUPPLEMENT POLICY THAT
DUPLICATES TO ANY EXTENT AN EXISTING MEDICARE SUPPLEMENT POLICY THAT
COVERS THAT INDIVIDUAL.

(D) REPRESENTATIONS WHEN SOLICITING OR ADVERTISING.

A CARRIER OR AGENT MAY NOT USE THE TERMS "MEDICARE SUPPLEMENT",
"MEDIGAP", OR OTHER WORDS OF SIMILAR MEANING IN ADVERTISING OR
OTHERWISE IN SOLICITING THE SALE OF A HEALTH INSURANCE POLICY OR OTHER
POLICY, UNLESS THE POLICY CONFORMS TO §§ 15-904, 15-906, 15-907, AND 15-908 OF
THIS SUBTITLE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 468G(a), (b)(2) and (3), and (d).

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.

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

15-926. INFORMATION TO HEALTH CARE FINANCING ADMINISTRATION.

(A) BY CARRIER.

EACH CARRIER THAT ISSUES MEDICARE SUPPLEMENT POLICIES SHALL
PROVIDE TO HCFA ANY DATA, STATISTICS, OR OTHER INFORMATION THAT HCFA
REQUESTS ABOUT THE CARRIER'S MEDICARE SUPPLEMENT POLICIES.

(B) BY COMMISSIONER.

ON REQUEST FROM HCFA, THE COMMISSIONER MAY PROVIDE TO HCFA ANY
INFORMATION ABOUT MEDICARE SUPPLEMENT POLICIES THAT ARE ISSUED IN THE
STATE.

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