| |
| |
| |
|
|
AN ACT
|
|
|
relating to certain continuing education requirements for |
|
|
insurance agents who sell Medicare-related products. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 4004, Insurance Code, is amended by |
|
|
adding Subchapter D to read as follows: |
|
|
SUBCHAPTER D. ADDITIONAL CONTINUING EDUCATION REQUIREMENTS |
|
|
FOR SALE OF MEDICARE-RELATED PRODUCTS |
|
|
Sec. 4004.151. DEFINITIONS. In this subchapter: |
|
|
(1) "Medicare advantage plan" means a health benefit |
|
|
plan operated under the Medicare program as a managed care plan, |
|
|
special needs plan, or private fee-for-service plan. |
|
|
(2) "Medicare program" means the federal health |
|
|
insurance program that is operated under the Health Insurance for |
|
|
the Aged Act (42 U.S.C. Section 1395 et seq.). |
|
|
(3) "Medicare-related product" means a Medicare |
|
|
advantage plan, a Medicare prescription drug plan, or another |
|
|
health plan operated under the Medicare program, such as a Medicare |
|
|
cost plan or a Medicare demonstration plan. The term does not |
|
|
include a Medicare supplement benefit plan regulated under Chapter |
|
|
1652. |
|
|
Sec. 4004.152. AGENT EDUCATION REQUIREMENTS. (a) Unless |
|
|
an agent has completed eight hours of professional training related |
|
|
to a Medicare-related product, an agent may not: |
|
|
(1) sell, solicit, negotiate, or receive an |
|
|
application or contract for the Medicare-related product in this |
|
|
state; or |
|
|
(2) represent an insurer in relation to the |
|
|
Medicare-related product in this state. |
|
|
(b) The training required under Subsection (a) may be used |
|
|
to satisfy the continuing education requirements established under |
|
|
Subchapter B. |
|
|
Sec. 4004.153. REQUIRED CONTINUING EDUCATION REGARDING |
|
|
MEDICARE PRODUCTS. (a) This section applies to an agent who: |
|
|
(1) solicits, negotiates, procures, or collects a |
|
|
premium on a Medicare-related product; or |
|
|
(2) represents or purports to represent an insurer, a |
|
|
health maintenance organization, or a preferred provider |
|
|
organization in relation to such a Medicare-related product. |
|
|
(b) Each agent described by Subsection (a) must complete |
|
|
four hours of continuing education that specifically relates to |
|
|
Medicare-related products during the agent's two-year licensing |
|
|
period. |
|
|
(c) Only training in a program that has been certified by |
|
|
the department may be used to satisfy the requirements of |
|
|
Subsection (b). |
|
|
(d) The continuing education required under Subsection (b) |
|
|
may be used to satisfy the continuing education requirements |
|
|
established under Subchapter B. |
|
|
Sec. 4004.154. PROGRAM CERTIFICATION REQUIREMENTS. (a) |
|
|
Subchapter C, including the authorization to contract with an |
|
|
independent contractor under Section 4004.104, applies to programs |
|
|
used to satisfy the requirements of Sections 4004.152 and 4004.153. |
|
|
For the purpose of administering this subchapter, professional |
|
|
training courses shall be considered to be continuing education |
|
|
courses under Subchapter C. |
|
|
(b) The commissioner by rule shall adopt criteria for the |
|
|
programs used to satisfy the requirements of Sections 4004.152 and |
|
|
4004.153 that are designed to ensure that an agent has knowledge, |
|
|
understanding, and professional competence concerning a |
|
|
Medicare-related product. The rules adopted under this subsection |
|
|
may incorporate by reference any requirements established by the |
|
|
Centers for Medicare and Medicaid Services or any other appropriate |
|
|
federal agency. |
|
|
Sec. 4004.155. NONAPPLICATION OF CERTAIN EXEMPTIONS. The |
|
|
continuing education exemptions for certain agents established |
|
|
under Section 4004.052(b) and Section 9.02(e), Chapter 703 (S.B. |
|
|
414), Acts of the 77th Legislature, Regular Session, 2001, do not |
|
|
apply to requirements under this subchapter. |
|
|
SECTION 2. The commissioner of insurance shall adopt rules |
|
|
as required by Section 4004.154, Insurance Code, as added by this |
|
|
Act, not later than December 1, 2009. |
|
|
SECTION 3. Subchapter D, Chapter 4004, Insurance Code, as |
|
|
added by this Act, applies to education requirements for insurance |
|
|
agents for a license issued or renewed on or after April 1, 2010. |
|
|
SECTION 4. This Act takes effect September 1, 2009. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 739 was passed by the House on May 5, |
|
|
2009, by the following vote: Yeas 140, Nays 4, 1 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 739 was passed by the Senate on May |
|
|
21, 2009, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |