Missouri Senate

Introduced

UNFAIR TRADE PRACTICE RELATED TO THE SOLICITATION OF MEDICARE PRODUCTS - Under this act, it is an unfair trade practice for an insurance company, producer or consultant to engage in certain unfair solicitation methods. It is an unfair trade practice for an insurer or producer to:

1) Sell, solicit or negotiate the purchase of Medicare products in Missouri through the use of cold lead advertising (the act defines "cold lead advertising" as making use directly or indirectly of a method of marketing that fails to disclose in a clear and conspicuous manner that a purpose of the marketing is insurance sales solicitation and that contact will be made by an insurance producer or insurance company);

2) Use 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) Solicit the sale of Medicare products door-to-door prior to or without receiving an invitation or request from a consumer; and

4) Solicit the sale of Medicare products in a manner which would violate any marketing requirements, models or guidelines established or published by the Centers for Medicare and Medicaid Services (CMS).

The "Medicare products" referred to in the act include Medicare Part A, Medicare Part B, Medicare Part C (Medicare Advantage), Medicare Part D, and Medicare supplement plans (Section 375.932).

REFUNDING MEDICARE SUPPLEMENT PREMIUMS - Under this act, if a Medicare supplement policy issued, delivered, or renewed in Missouri on or after January 1, 2011, is cancelled for any reason, the insurer must refund the unearned portion of any premium paid beyond the month in which the cancellation is effective. Any refund shall be returned to the policyholder within 20 days of the last day of coverage under the policy (Section 376.882).

REFUNDING LONG-TERM INSURANCE POLICY PREMIUMS - Under this act, if a long-term care insurance policy issued, delivered, or renewed in Missouri on or after January 1, 2011, is cancelled for any reason, the insurer must refund the unearned portion of any premium paid beyond the month in which the cancellation is effective. Any refund shall be returned to the policy holder within 20 days of the last day of coverage under the policy (Section 376.1100). The long-term care policy must contain notices which inform applicants that they are entitled to a refund of unearned premiums if such policies are cancelled for any reason (Section 376.1109).

STEPHEN WITTE