(a) The commission shall establish marketing guidelines for Medicaid managed care organizations, including guidelines that prohibit:
(1) door-to-door marketing to a recipient by a Medicaid managed care organization or the organization’s agent;
(2) using marketing materials with inaccurate or misleading information;
(3) making a misrepresentation to a recipient or provider;
(4) offering a recipient a material or financial incentive to choose a Medicaid managed care plan, other than a nominal gift or free health screening the commission approves that the Medicaid managed care organization offers to all recipients regardless of whether the recipients enroll in the plan;
(5) using a marketing agent who is paid solely by commission; and
(6) face-to-face marketing at a public assistance office by a Medicaid managed care organization or the organization’s agent.
(b) This section does not prohibit:
(1) distributing approved marketing materials at a public assistance office; or
(2) providing information directly to a recipient under marketing guidelines the commission establishes.

Text of section effective on April 01, 2025