(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.

Source Note: The provisions of this §19.102 adopted to be effective November 23, 2008, 33 TexReg 9260