An Act to Require a Disclaimer on Promotional Materials for Medicare, Medicaid and MameCare Products by Private Entities
Maine Legislature, Session 131, LD 1271
Committee Amendment CA_A_S139 (Senate)
Amends: 24-A MRSA §2152-B, 24-A MRSA §2152-C

COMMITTEE AMENDMENT "A " to SP 508, L D 1271, "An Act to Require a 
Disclaimer on Promotional Materials for Medicare, Medicaid and MameCare Products by 
Private Entities " 
Amend the bill by strikmg out everythmg after the enactmg clause and msertmg the 
followmg 
'Sec. 1. 10 MRSA c. 226 is enacted to read 
CHAPTER226 
DISCLAIMER ON PROMOTIONAL MATERIALS USING MEDICARE, 
MEDICAID OR MAINECARE 
§1499-G. 
D1scla1mer on promotional materials usmg Medicare, Med1ca1d or 
MameCare 
1. D1scla1mer A person may not use any advertisement, sohcitat10n, mfonnatlonal 
brochure, mailer or other promotional material usmg the terms "Medicare," "Medicaid" or 
"MameCare" unless the material 
A Includes a disclatmer prmted on the top and both front and back of the material m 
type size no smaller than the largest type stze on the material statmg "This is an 
advertisement and sohcitabon", 
B Contams m a type size no smaller than the 2nd largest type stze on the material 
statmg "[Name of person sponsoring the promotional material] is a private company 
that is not Medicare, Medicaid or MameCare and is not a governmental agency". 
C Contams m a type size no smaller than the 2nd largest type size on the material any 
other disclatmer on the material, and 
COMMITTEE AMENDMENT 
Oct, 
~ 
COMMITTEE AlvIBND:MENT" A "to SP 508, L D 1271 (~· 1.3q") 
D Does not use a type color for the d1sclanner regurred m paragraph A that 1s m 
grayscale or other faded tone, or a font that does not m1m1c or 1s not similar to a font 
used m an official document from a state or federal agency 
2. Apphcat10n. The regurrements of subsection 1 do not apply to any mformatlonal 
brochure or other matenal d1stnbuted by a person that does not sell or profit from the sale 
of any msurance product 
3. Rules. The Attorney General may adopt rules to nnplement this chapter Rules 
adopted pursuant to this subsection are routme techmcal rules as defined m Title 5, chapter 
375, subchapter 2-A 
4. Violation A person that fails to comply with subsection 1 commits a v10lat1on of 
the Mame Unfarr Trade Practices Act 
Sec. 2. 24-A MRSA §2152-B, sub-§2, as enacted by PL 2007, c 53, §1, 1s 
amended to read 
2. Unfair sohc1tation methods. It 1s an unfarr trade practice under this chapter for an 
msurer or producer to 
A Sell, sohc1t or negotiate the purchase of health msurance m this State through the 
use of cold lead advert1smg, 
B Use an appomtment that was made to discuss Medicare products or to solicit the 
sale of Medicare products m order to sohc1t sales of hfe msurance, health msurance or 
annmty products unless the consumer requests such sohcitat10n and the products to be 
discussed are clearly identified to the consumer m wntmg at least 48 hours m advance 
of the appomtment, aHa 
C Solicit the sale of Medicare products door-to-door pnor to rece1vmg an mvitat10n 
from a consumer-, and 
D 
Use an advertisement, sohcitat1on, mformat10nal brochure, mailer or other 
promot10nal matenal usmg the terms "Medicare," "Med1ca1d" or "MameCare" that 
mimics or nnphes that it 1s an official document from a state or federal agency 
Sec. 3. 24-A MRSA §2152-C is enacted to read 
§2152-C. Disclosures m prmted marketing materials of Medicare products 
Disclosures. Except as provided m subsections 2 and 3, a person may not use prmted 
matenals marketmg Medicare products unless the matenal 
A Includes a statement prmted on the top and both the front and back of the matenal 
m type sIZe no smaller than the largest type size on the matenal statmg "This is an 
advertisement and sohc1tat10n", 
B Contams m a type size no smaller than the 2nd largest type size on the matenal 
statmg "[Name of person sponsormg the promotional matenal] is a pnvate company 
that is not Medicare, Medicaid or MameCare and 1s not a governmental agency", 
C Contams m a type SIZe no smaller than the 2nd largest type size on the matenal any 
other d1sclanner on the material, and 
COMMITTEE AMENDMENT 
OC:J 
-- ~ 
IO 
COM:MITTEEAMENDMENT"A "to SP 508,LD 1271(-s'-1'3~1_ 
D 
Does not use a type color for the d1scla1mer regurred m paragraph A that 1s m 
grayscale or other faded tone, or a font that does not m1m1c or 1s not similar to a font 
used m an official document from a state or federal agency 
2. No disclosure regmred. The regurrements of subsect10n 1 do not apply to 
A Informat10nal brochures or other material developed or d1stnbuted by a state or 
federal regulatozy agency or a nonprofit orgamzation, or 
B Information related to an ex1stmg policy, from a policyholder's msurer, licensed 
agent or agency of record, mcludmg, but not limited to, mformat10n for the pur_pose of 
assistmg, educatmg or commumcatmg the status of plan benefits, claims, appeals, 
grievances or notice of termmat1on 
Apphcatmn. This subsection does not apply to any marketmg material that has been 
filed with and approved by the supermtendent, or filed with and approved by the federal 
Department of Health and Human Services, Centers for Medicare and Medicaid Services 
or filed with the Centers for Medicare and Medicaid Services under that agency's policies 
allowmg for the filmg and use of certam marketmg materials Evidence of that approval 
or filmg with the Centers for Medicare and Medicaid Services must be produced upon 
request of the supermtendent 
4. Rules. The supermtendent may adopt rules to Implement this sect10n Rules adopted 
pursuant to this subsection are routme techmcal rules as defmed m Title 5, chapter 375, 
subchapter 2-A ' 
Amend the bill by relettermg or renumbermg any nonconsecutive Part letter or section 
number to read consecutively 
SUMMARY 
This amendment replaces the bill The amendment establishes that the use of 
promotional materials for Medicare, Medicaid and MameCare products without the 
disclaimer reqmred m the bill is an unfarr trade practice under the Mame Insurance Code 
The amendment also provides that the provisions relatmg to the requrred disclaimers on 
promot10nal materials apply to any person engagmg m promotmg these products and adds 
a provis10n makmg a v10lation an unfarr trade practice subject to enforcement by the 
Attorney General 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved 05/13/23 ~ae 
LD 1271 
LR 1844(02) 
An Act to Reqmre a Disclaimer on Promotional Materials for Medicare, Medicaid and MaineCare 
Products by Private Entitles 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment •~" ( s-1 Ji,) 
Committee: Health Coverage, Insurance and Financial Services 
Fiscal Note Required: Yes 
Fiscal Note 
Mmor cost mcrease - General Fund 
Mmor cost mcrease - Other Special Revenue Funds 
Any add1t10nal costs to the Office of the Attorney General and to the Bureau of Insurance w1thm the Department 
Pt ofess1onal and Fmancial Regulation related to requmng d1scla1mers on promot10nal matenals for Medicare, 
Med1ca1d and MameCare products are expected to be mmor and can be absorbed w1thm ex1stmg budgeted resources 
LR1844(02) - Fiscal Note - Page 1 of 1