28 Tex. Admin. Code § 19.102 - Agent Authority to Market Medicare Advantage Plans, Medicare Advantage Prescription Drug Plans, and Medicare Prescription Drug Plans
(a) Persons holding a current permanent
general life, accident, and health insurance license under the Insurance Code §
4054.051 are
authorized to act as marketing representatives to market Medicare plans
pursuant to federal law, regulations and CMS marketing guidelines.
(b) In accord with the Insurance Code §
4051.053, persons
holding a current permanent general property and casualty insurance agent
license under the Insurance Code §
4051.051 are qualified
to act as marketing representatives to market Medicare plans pursuant to
federal law, regulations and CMS marketing guidelines, only to the extent that
the Medicare plans are offered by a property and casualty insurer authorized to
sell those products in this state.
(c) Unless qualifying under subsection (a) or
(b) of this section, department licensees, including individuals holding a
temporary general life, accident and health insurance agent license or a
temporary general property and casualty insurance agent license, are not
qualified to act and are prohibited from acting as marketing representatives to
market Medicare plans.
(d) Except
for activities that are specifically authorized under federal law and CMS
marketing guidelines to be performed by unlicensed persons, an insurer, health
maintenance organization, or insurance agent is prohibited from assisting or
participating in enrolling any individual in a Medicare plan contract marketed
by an:
(1) agent that does not hold either:
(A) a current permanent general life,
accident, and health insurance agent license; or
(B) a current permanent general property and
casualty insurance agent's license, if the agent is acting for a property and
casualty insurer engaged in selling Medicare plans; or
(2) unlicensed person.
Notes
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