CHAPTER 258
HB 1364 – FINAL VERSION
05/13/10 2050s
02Jun2010… 2186cofc
2010 SESSION
01/03
HOUSE BILL 1364
AN ACT relative to Medicare unfair trade practices.
SPONSORS: Rep. Headd, Rock 3; Rep. D. Flanders, Belk 4
COMMITTEE: Commerce and Consumer Affairs
This bill makes certain practices regarding selling, soliciting, or negotiating the purchase of Medicare products and Medicare supplemental health insurance an unfair trade practice under RSA 417:4.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05/13/10 2050s
02Jun2010… 2186cofc
10-2403
01/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to Medicare unfair trade practices.
Be it Enacted by the Senate and House of Representatives in General Court convened:
258:1 New Paragraph; Unfair Trade Practice; Medicare Products. Amend RSA 417:4 by inserting after paragraph XXII the following new paragraph:
XXIII. MEDICARE PRODUCTS AND MEDICARE SUPPLEMENTAL HEALTH INSURANCE.
(a)(1) Selling, soliciting or negotiating the purchase of Medicare products (Part C and Part D) or Medicare supplemental (Medigap) health insurance in this state through the use of cold lead advertising.
(2) Using an appointment that was made to discuss Medicare products or to solicit the sale of Medicare products in order to solicit sales of life insurance or annuity products.
(3) Soliciting the sale of Medicare products door-to-door prior to receiving an invitation from a consumer.
(b) In this paragraph:
(1) “Cold lead advertising” means making use directly or indirectly of a method of marketing that fails to disclose in a conspicuous manner that a purpose of the marketing is insurance sales solicitation and that a contact will be made by an insurance producer or insurance company.
(2) “Medicare products” means Medicare Part C (Medicare Advantage) and Medicare Part D (prescription drugs).
(3) “Medicare supplemental health insurance” means a group or individual policy of accident and sickness insurance or a subscriber contract of hospital and medical service associations or health maintenance organizations, other than a policy issued pursuant to a contract under section 1876 of the federal Social Security Act 42 U.S.C. section 1395 et seq. or an issued policy under a demonstration project specified in 42 U.S.C. section 1395 ss (g)(1), which is advertised, marketed, or designed primarily as a supplement to reimbursements under Medicare for the hospital, medical, or surgical expenses of persons eligible for Medicare. “Medicare supplemental health insurance” does not include Medicare Advantage plans established under Medicare Part C, Outpatient Prescription Drug plans established under Medicare Part D, or any Health Care Prepayment Plan (HCPP) that provides benefits pursuant to an agreement under section 1833(a)(1)(A) of the Social Security Act.
258:2 Effective Date. This act shall take effect January 1, 2011.
Approved: July 6, 2010
Effective Date: January 1, 2011