Maryland Insurance Section 15-924

Article - Insurance

§ 15-924.

      (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.



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