ROBERT L. EHRLICH, JR., Governor                              Ch. 54

Approved April 13, 2004.

CHAPTER 54
(House Bill 574)

AN ACT concerning

Health Insurance - Medicare Supplement Policies - Repeal of Prohibited
Solicitation Sale or Offer to Medicaid-Eligible Individual

FOR the purpose of repealing a certain prohibition against selling specifying the
provisions under which a Medicare supplement policy may be sold to an
individual eligible for Medicaid benefits repealing a certain prohibition against
a carrier or insurance producer negligently or knowingly selling or offering to sell
a Medicare supplement policy to an individual eligible for Medicaid; authorizing
a carrier or insurance producer to sell or offer to sell a Medicaid supplement
policy to an individual eligible for Medicaid in accordance with certain
provisions of federal law; making this Act an emergency measure; and generally
relating to the sale or offer of a Medicare supplement policy.

BY repealing and reenacting, with amendments,
' Article - Insurance
Section 15-925
Annotated Code of Maryland
(2002 Replacement Volume and 2003 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Insurance

15-925.

(a) When soliciting the sale of a health insurance policy, a carrier or insurance
producer may not knowingly offer a Medicare supplement policy to an individual not
eligible for Medicare.

[(b) A carrier or insurance producer may not negligently or knowingly ONLY
sell or offer to sell a Medicare supplement policy to an individual eligible for Medicaid
benefits IN ACCORDANCE WITH THE PROVISIONS OF 42 U.S.C. § 1395SS AND THIS
SUBTITLE.]

[(c)] (B) A carrier or insurance producer 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)](C) A carrier or insurance producer may not use the terms "Medicare
supplement", "Medigap", or other words of similar meaning in advertising or

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