Texas 2009 - 81st Regular

Texas House Bill HB739 Compare Versions

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1	1	81R4770 PB-D
2	2	By: Quintanilla H.B. No. 739
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain continuing education requirements for
8	8	insurance agents who sell Medicare-related products.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 4004, Insurance Code, is amended by
11	11	adding Subchapter D to read as follows:
12	12	SUBCHAPTER D. ADDITIONAL CONTINUING EDUCATION REQUIREMENTS
13	13	FOR SALE OF MEDICARE-RELATED PRODUCTS
14	14	Sec. 4004.151. DEFINITIONS. In this subchapter:
15	15	(1) "Medicare advantage plan" means a health benefit
16	16	plan operated under the Medicare program as a managed care plan,
17	17	special needs plan, or private fee-for-service plan.
18	18	(2) "Medicare program" means the federal health
19	19	insurance program that is operated under the Health Insurance for
20	20	the Aged Act (42 U.S.C. Section 1395 et seq.).
21	21	(3) "Medicare supplement benefit plan" has the meaning
22	22	assigned by Section 1652.002. The term includes a Medigap policy.
23	23	Sec. 4004.152. REQUIRED CONTINUING EDUCATION REGARDING
24	24	MEDICARE PRODUCTS. (a) This section applies to an agent who:
25	25	(1) solicits, negotiates, procures, or collects a
26	26	premium on a Medicare-related product, including a Medicare
27	27	advantage plan, a Medicare supplement benefit plan, a Medicare
28	28	prescription drug plan, or another health plan operated under the
29	29	Medicare program, such as a Medicare cost plan or a Medicare
30	30	demonstration plan; or
31	31	(2) represents or purports to represent an insurer, a
32	32	health maintenance organization, or a preferred provider
33	33	organization in relation to such a Medicare-related product.
34	34	(b) In addition to complying with the continuing education
35	35	requirements established under Subchapter B, each agent described
36	36	by Subsection (a) must complete eight hours of continuing education
37	37	annually that specifically relate to Medicare-related products.
38	38	Sec. 4004.153. PROGRAM CERTIFICATION REQUIREMENTS.
39	39	Subchapter C applies to continuing education programs used to
40	40	satisfy the requirements of Section 4004.152. The commissioner by
41	41	rule shall adopt criteria for those programs.
42	42	SECTION 2. Section 4004.053(a), Insurance Code, is amended
43	43	to read as follows:
44	44	(a) An individual who holds a general life, accident, and
45	45	health license, a life agent license, a life and health insurance
46	46	counselor license, a general property and casualty license, or a
47	47	personal lines property and casualty license must complete 15 hours
48	48	of continuing education annually. Except as provided by
49	49	Subchapter D, if [If] the individual holds more than one license for
50	50	which continuing education is otherwise required, the individual is
51	51	not required to complete more than 15 continuing education hours
52	52	annually.
53	53	SECTION 3. The commissioner of insurance shall adopt rules
54	54	as required by Section 4004.153, Insurance Code, as added by this
55	55	Act, not later than December 1, 2009.
56	56	SECTION 4. Subchapter D, Chapter 4004, Insurance Code, as
57	57	added by this Act, applies to continuing education requirements for
58	58	insurance agents for a license issued or renewed on or after January
59	59	1, 2010.
60	60	SECTION 5. This Act takes effect September 1, 2009.