§ 1361.1. — 1361.1. (Amended by Stats. 2009, Ch. 140, Sec. 97.)

(a)
It is an unfair business practice for a solicitor, solicitor firm, or representative of a health care service plan to sell, solicit, or negotiate the purchase of health care coverage products by any of the following methods:
(1)
The use of a marketing technique known as cold lead advertising when marketing a Medicare product. As used in this section, “cold lead advertising” means making use directly or indirectly of a method of marketing that fails to disclose in a conspicuous manner that a purpose of the marketing is health care service plan sales solicitation and that contact will be made by a solicitor, solicitor firm, or representative of a health care service plan.
(2)
The use of an appointment that was made to discuss a particular Medicare product or to solicit the sale of a particular Medicare product in order to solicit the sale of another Medicare product or other health care coverage products, unless the consumer specifically agrees in advance of the appointment to discuss that other Medicare product or other types of health care coverage products during the same appointment.
(b)
As used in this section, “Medicare product” includes Medicare Parts A, B, C, and D, and Medicare supplement plans.

Legislative History

Amended by Stats. 2009, Ch. 140, Sec. 97. (AB 1164) Effective January 1, 2010.