(a) The commission shall establish marketing guidelines for managed care organizations that contract with the commission to provide health care services to recipients, including guidelines that prohibit:
(1) door-to-door marketing to recipients by managed care organizations or agents of those organizations;
(2) the use of marketing materials with inaccurate or misleading information;
(3) misrepresentations to recipients or providers;
(4) offering recipients material or financial incentives to choose a managed care plan other than nominal gifts or free health screenings approved by the commission that the managed care organization offers to all recipients regardless of whether the recipients enroll in the managed care plan;
(5) the use of marketing agents who are paid solely by commission; and
(6) face-to-face marketing at public assistance offices by managed care organizations or agents of those organizations.
(b) This section does not prohibit:
(1) the distribution of approved marketing materials at public assistance offices; or
(2) the provision of information directly to recipients under marketing guidelines established by the commission.

(c) The executive commissioner shall adopt and publish guidelines for Medicaid managed care organizations regarding how organizations may communicate by telephone, text message, or e-mail with recipients enrolled in the organization’s managed care plan using the contact information provided in a recipient’s application for Medicaid benefits under § 32.025(g)(2), Human Resources Code, including updated information provided to the organization in accordance with § 32.025(h), Human Resources Code.
(d) In adopting the guidelines under Subsection (c) for a recipient enrolled in a Medicaid managed care organization’s managed care plan who provides to the organization the recipient’s contact information through any method other than the recipient’s Medicaid application, the commission:
(1) must allow the organization to communicate with the recipient through any electronic means, including telephone, text message, and e-mail, regarding eligibility, enrollment, and other health care matters; and
(2) may not require the organization to submit the recipient’s contact preference information to the commission.

Without reference to the amendment of this section, this chapter was repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01, eff. April 1, 2025.
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