1. (a) Managed care organizations (MCO) must submit a marketing plan and all marketing materials to the department for prior written approval.
2. (b) MCOs may present their marketing materials to eligible Medicaid clients through any method or media determined to be acceptable by the department. The media may include but are not limited to: written materials, such as brochures, posters, or fliers which can be mailed directly to the client or left at Texas Department of Human Services eligibility offices; department-sponsored community enrollment events; and public service announcements on radio.
3. (c) MCO enrollment or marketing representatives are required to complete the department's marketing orientation and training program prior to engaging in marketing activities on behalf of the MCO.

4. (d) Prohibited marketing practices.

   1. (1) MCOs and providers shall not conduct any direct contact marketing except through department-sponsored enrollment events.
   2. (2) MCOs and providers shall not make any written or oral statement containing material misrepresentations of fact or law relating to their plan or the STAR Program.
   3. (3) MCOs and providers shall not make false, misleading or inaccurate statements relating to services or benefits, or providers or potential providers through their plan.
   4. (4) MCOs and providers shall not offer Medicaid recipients material or financial gain as an inducement for enrollment, unless an exception is made by the department.
   5. (5) Marketing or enrollment practices of MCOs and providers shall not discriminate against a client because of a client's race, creed, age, color, religion, national origin, ancestry, marital status, sexual orientation, physical or mental disability, health status, or existing need for medical care.

Source Note:The provisions of this §353.405 adopted to be effective December 18, 1996, 21 TexReg 11822; transferred effective September 1, 2001, as published in the Texas Register May 24, 2002, 27 TexReg 4561.