Marketing requirements -- Required disclosures

(1) Each advertisement, marketing material, brochure, ambulance membership card, presentation, and any other communication of an ambulance membership organization shall be truthful and not misleading in fact or in implication. (2) An ambulance membership organization advertising or marketing the ambulance membership organization's ambulance membership plan to residents of this state: (a) shall file each written advertisement and marketing material to the commissioner for review in compliance with this chapter; and (b) may not: (i) use language in the ambulance membership organization's advertisements or marketing that could reasonably mislead a person into believing that the ambulance membership plan is insurance; (ii) use language in the ambulance membership organization's advertisement, marketing material, brochure, or presentation in relation to the following that could reasonably mislead an individual into believing that the ambulance membership plan is insurance or has been endorsed by the state or a governmental entity: (A) the ambulance membership organization's certificate of authority or registration with the department or other state department of insurance; or (B) the ambulance membership organization's relationship to a governmental entity; or (iii) have a restriction on access to the ambulance membership organization, including a waiting period or notification period. (3) An ambulance membership organization shall make the following general disclosures in writing, in bold, and in at least 12-point font on the first content page of an advertisement, marketing material, or brochure the ambulance membership organization makes available to prospective members or the public: (a) the ambulance membership plan is a membership plan and is not insurance coverage; and (b) the toll-free phone number and website address where the ambulance membership organization's prospective members may obtain additional information about the services the ambulance membership organization offers. (4) An ambulance membership organization shall provide the disclosures required by Subsection (3) orally to an individual who makes initial contact with the ambulance membership organization by telephone. (5) Before a person enters into an ambulance membership plan with an ambulance membership organization, the ambulance membership organization shall mail, give, or, with consent of the person, email to the person a separate document that, in bold and in at least 12-point font, states the following disclosures: (a) the ambulance membership plan is not insurance coverage; (b) if eligible and covered under Medicare, the prospective enrollee may consult with a representative of the Medicare program to determine: (i) the extent of applicable Medicare coverage; and (ii) what the prospective member's payment obligations would be if the prospective enrollee were transported by ambulance; (c) a detailed list of each one-time and periodic fee the ambulance membership organization charges or will charge to the prospective enrollee to join the ambulance membership organization and continue membership in the ambulance membership organization; (d) the counties and areas in this state that the ambulance membership organization serves, including any restrictions to specific service areas; (e) if, in an emergency, the prospective enrollee is outside of the ambulance membership organization's service area, that the prospective enrollee may be responsible for the entirety of the cost of the ambulance membership organization's services; and (f) if an enrollee cancels the ambulance membership plan before 30 days after the day on which the enrollee purchases the ambulance membership plan, the ambulance membership organization shall refund to the member: (i) any one-time charges the enrollee pays that exceed $25; and (ii) all periodic charges or fees that the enrollee pays.