Revision: Dec. 10, 2009, midnight
HB 1364 – AS INTRODUCED
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 an unfair trade practice under RSA 417:4.
This bill is a request of the insurance department.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
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:
1 New Paragraph; Unfair Trade Practice; Medicare Products. Amend RSA 417:4 by inserting after paragraph XXII the following new paragraph:
XXIII. MEDICARE PRODUCTS.
(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, health insurance, or annuity products unless the consumer requests such solicitation and the products to be discussed are clearly identified to the consumer in writing at least 48 hours in advance of the appointment.
(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 contract will be made by an insurance producer or insurance company.
(2) “Medicare products” includes Medicare Part A (hospital), Medicare Part B (medical), Medicare Part C (Medicare Advantage), Medicare Part D (prescription drugs), and Medicare supplemental health insurance.
(3) “Medicare supplemental health insurance” means Medicare products including standardized Medicare supplemental (Plans A-L) and pre-standardized Medicare supplement insurance (all health products supplementing Medicare benefits only).
2 Effective Date. This act shall take effect January 1, 2011.