Sec. 10.67.04.23. Marketing

A. An MCO may not have face-to-face or telephone contact with a recipient, or otherwise solicit a recipient who is not an enrollee of the MCO, unless authorized by the Department or the recipient initiates the contact.

B. Subject to prior approval by the Department, an MCO may engage in marketing activities designed to make recipients aware of their availability, as well as any special services they offer. Unless they involve face-to-face solicitation, these marketing activities may involve campaigns using but not limited to:

(1) Television;

(2) Radio;

(3) Newspaper;

(4) Informational booths at public events;

(5) Billboards and other public displays;

(6) Addressee-blind informational mailings, but only when mailed to the MCO's entire service area;

(7) Magazines;

(8) Airborne marketing displays; or

(9) Public conveyances.

C. An MCO may not engage in any cold call marketing, including activities using or involving any of the following mechanisms:

(1) Direct marketing;

(2) Telephone solicitation;

(3) Door to door flyers;

(4) Email;

(5) Texting;

(6) Material or financial incentives of any kind, with the exception of advertising trinkets such as balloons or pens that have an acquisition cost of $5 or less; or

(7) Influencing enrollment in conjunction with the sale or offer of private insurance.

D. Standards for Departmental Approval of MCO Advertising.

(1) MCO advertising shall:

(a) Be based on documented fact;

(b) Identify all telephone numbers used that do not belong to the MCOs;

(c) Include the statement, "'HealthChoice' is a program of the Maryland Department of Health"; and

(d) Be at a fifth grade reading level.

(2) MCO advertising may not:

(a) Be false or misleading;

(b) Ascribe to the MCO unique coverage or services that are otherwise required by State or federal law or regulation;

(c) Assert that a recipient shall enroll in the MCO in order to obtain benefits or in order not to lose benefits; or

(d) Assert that the MCO is endorsed by CMS, the federal or State government or similar entity.