12 2 STA T . 2 49 9 PUBLIC LA W 11 0– 2 75—J UL Y 15 , 200 8(b b ) b ystrik i ng‘ ‘ ,a n d’ ’att he end and inserting a se m i col on
( I I)ins u b p aragraph ( B ), by striking the period at the end and inserting a semicolon; and (III) by adding at the end the f ollo w ing new subparagraph
‘‘( C ) shall not permit a M edicare A d v antage organi z a - tion (or the agents, brokers, and other third parties rep- resenting such organization) to conduct the prohibited activities described in subsection ( j )( 1 ); and’’; and (ii) by adding at the end the following new sub- section: ‘‘(j) PROHIB I TED A C TI V ITIE SD ESCRIBED AN D L I M ITATIONS ON THE COND U CTO F CERTAIN O THER ACTIVITIES .— ‘‘(1) PROHIBITED ACTIVITIES DESCRIBED.— T he following prohibited activities are described in this paragraph: ‘‘(A) U NSO L ICITED MEANS OF DIRECT CONTACT.—Any unsolicited means of direct contact of prospective enrollees, including soliciting door-to-door or any outbound tele- marketing without the prospective enrollee initiating con- tact. ‘‘(B) CROSS-SELLIN G .—The sale of other non-health related products (such as annuities and life insurance) during any sales or marketing activity or presentation con- ducted with respect to a Medicare Advantage plan. ‘‘(C) MEALS.—The provision of meals of any sort, regardless of value, to prospective enrollees at promotional and sales activities. ‘‘(D) S ALES AND MAR K ETING IN HEALTH CARE SETTINGS AND AT EDUCATIONAL EVENTS.—Sales and marketing activi- ties for the enrollment of individuals in Medicare Advan- tage plans that are conducted— ‘‘(i) in health care settings in areas where health care is delivered to individuals (such as physician offices and pharmacies), e x cept in the case where such activities are conducted in common areas in health care settings; and ‘‘(ii) at educational events.’’. ( 2 ) MEDICARE P RESCRIPTION DRUG PROGRAM.—Section 1 860 D –4 of the Social Security Act (42 U.S.C. 1 395 w–104) is amended by adding at the end the following new subsection: ‘‘(l) R E Q UIREMENTS W ITH RESPECT TO SALES AND MARKETING ACTIVITIES.—The following provisions shall apply to a PDP sponsor (and the agents, brokers, and other third parties representing such sponsor) in the same manner as such provisions apply to a Medicare Advantage organization (and the agents, brokers, and other third parties representing such organization): ‘‘(1) The prohibition under section 1851(h)(4)(C) on con- ducting activities described in section 1851(j)(1).’’. (3) E FFECTIVE DATE.—The amendments made by this sub- section shall apply to plan years beginning on or after J anuary 1, 2009. (b) LIMITATIONS.— (1) MEDICARE ADVANTAGE PROGRAM.—Section 1851 of the Social Security Act (42 U.S.C. 1395w–21), as amended by sub- section (a)(1), is amended— 42USC1395w– 21 note.Ap p licab ilit y .
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