81R4770 PB-D
By: Quintanilla H.B. No. 739
A BILL TO BE ENTITLED
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 supplement benefit plan" has the meaning
assigned by Section 1652.002. The term includes a Medigap policy.
Sec. 4004.152. 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, including a Medicare
advantage plan, a Medicare supplement benefit 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; 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) In addition to complying with the continuing education
requirements established under Subchapter B, each agent described
by Subsection (a) must complete eight hours of continuing education
annually that specifically relate to Medicare-related products.
Sec. 4004.153. PROGRAM CERTIFICATION REQUIREMENTS.
Subchapter C applies to continuing education programs used to
satisfy the requirements of Section 4004.152. The commissioner by
rule shall adopt criteria for those programs.
SECTION 2. Section 4004.053(a), Insurance Code, is amended
to read as follows:
(a) An individual who holds a general life, accident, and
health license, a life agent license, a life and health insurance
counselor license, a general property and casualty license, or a
personal lines property and casualty license must complete 15 hours
of continuing education annually. Except as provided by
Subchapter D, if [If] the individual holds more than one license for
which continuing education is otherwise required, the individual is
not required to complete more than 15 continuing education hours
annually.
SECTION 3. The commissioner of insurance shall adopt rules
as required by Section 4004.153, Insurance Code, as added by this
Act, not later than December 1, 2009.
SECTION 4. Subchapter D, Chapter 4004, Insurance Code, as
added by this Act, applies to continuing education requirements for
insurance agents for a license issued or renewed on or after January
1, 2010.
SECTION 5. This Act takes effect September 1, 2009.