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

MD Ins Code § 15-924 (2019) (N/A)
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(a)    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)    (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)    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.