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A BILL TO BE ENTITLED
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AN ACT
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relating to certain continuing education requirements for |
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insurance agents who sell Medicare-related products. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 4004, Insurance Code, is amended by |
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adding Subchapter D to read as follows: |
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SUBCHAPTER D. ADDITIONAL CONTINUING EDUCATION REQUIREMENTS |
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FOR SALE OF MEDICARE-RELATED PRODUCTS |
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Sec. 4004.151. DEFINITIONS. In this subchapter: |
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(1) "Medicare advantage plan" means a health benefit |
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plan operated under the Medicare program as a managed care plan, |
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special needs plan, or private fee-for-service plan. |
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(2) "Medicare program" means the federal health |
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insurance program that is operated under the Health Insurance for |
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the Aged Act (42 U.S.C. Section 1395 et seq.). |
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(3) "Medicare supplement benefit plan" has the meaning |
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assigned by Section 1652.002. The term includes a Medigap policy. |
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Sec. 4004.152. REQUIRED CONTINUING EDUCATION REGARDING |
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MEDICARE PRODUCTS. (a) This section applies to an agent who: |
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(1) solicits, negotiates, procures, or collects a |
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premium on a Medicare-related product, including a Medicare |
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advantage plan, a Medicare supplement benefit plan, a Medicare |
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prescription drug plan, or another health plan operated under the |
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Medicare program, such as a Medicare cost plan or a Medicare |
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demonstration plan; or |
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(2) represents or purports to represent an insurer, a |
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health maintenance organization, or a preferred provider |
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organization in relation to such a Medicare-related product. |
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(b) In addition to complying with the continuing education |
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requirements established under Subchapter B, each agent described |
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by Subsection (a) must complete eight hours of continuing education |
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annually that specifically relate to Medicare-related products. |
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Sec. 4004.153. PROGRAM CERTIFICATION REQUIREMENTS. |
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Subchapter C applies to continuing education programs used to |
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satisfy the requirements of Section 4004.152. The commissioner by |
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rule shall adopt criteria for those programs. |
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SECTION 2. Section 4004.053(a), Insurance Code, is amended |
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to read as follows: |
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(a) An individual who holds a general life, accident, and |
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health license, a life agent license, a life and health insurance |
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counselor license, a general property and casualty license, or a |
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personal lines property and casualty license must complete 15 hours |
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of continuing education annually. Except as provided by |
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Subchapter D, if [If] the individual holds more than one license for |
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which continuing education is otherwise required, the individual is |
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not required to complete more than 15 continuing education hours |
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annually. |
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SECTION 3. The commissioner of insurance shall adopt rules |
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as required by Section 4004.153, Insurance Code, as added by this |
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Act, not later than December 1, 2009. |
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SECTION 4. Subchapter D, Chapter 4004, Insurance Code, as |
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added by this Act, applies to continuing education requirements for |
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insurance agents for a license issued or renewed on or after January |
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1, 2010. |
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SECTION 5. This Act takes effect September 1, 2009. |