1. (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.

2. (b)

   1. (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:

      1. (i) is already covered by an existing Medicare supplement policy; and
      2. (ii) is entitled to Medicaid benefits.
   2. (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.

3. (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. (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. (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. (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. (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:

      1. (i) purchase, amend, lapse, surrender, forfeit, change, duplicate, or not renew coverage already in force;
      2. (ii) replace a policy that is only technically at variance with the policy being offered by the carrier or insurance producer; or
      3. (iii) take out a policy with another carrier.

Added by Acts 1997, c. 35, § 2, eff. Oct. 1, 1997. Amended by Acts 2001, c. 731, § 1, eff. July 2, 2001.

Formerly Art. 48A, §§ 468F, 468G.