§ 53880. Marketing.

(a) Each plan in a designated region shall limit its marketing activities to printed, illustrated, or video taped materials, and media advertising. Plans may participate in an organized community or neighborhood health fair in a public place for marketing purposes.

(1) Printed and illustrated materials may be available to members or prospective members, as follows:

(A) By mail. Printing, postage, and any related costs of material mailed to prospective members shall be paid by the plan. The department shall conduct all mailings to ensure the confidentiality of Medi-Cal beneficiaries is protected.

(B) By posting materials in public places.

(C) At health care options presentations, which shall be conducted pursuant to section 53886.

(b) Prior to engaging in marketing activities, each plan shall submit a marketing plan which shall be approved in writing by the department prior to its implementation.

(c) All marketing materials, including but not limited to, all printed materials, illustrated materials, video taped and media scripts shall be approved in writing by the department prior to distribution to members or prospective members.

(d) No representative of a plan shall contact prospective members for the purposes of marketing, except in cases where the contact is initiated by the prospective member, unless that contact is approved in writing by and coordinated through the department, pursuant to (a)(1)(A), above. However, physicians, mid-level practitioners, nurses, or office staff may discuss plan membership with their patients. Each plan shall be responsible for informing all network providers they may not distribute unauthorized or unapproved material to Medi-Cal beneficiaries.

(e) All marketing materials, presentations and displays shall conform to the cultural and linguistic requirements prescribed in the contract between the plan and the department.

(f) A plan shall not engage in door-to-door marketing for the purpose of enrolling members, or any other purpose.

HISTORY

1. New article 7 (sections 53880-53896) and section filed 7-1-96 as an emergency; operative 7-1-96. Submitted to OAL for printing only pursuant to Section 147, SB 485 (Ch. 722/92) (Register 96, No. 28).

2. Repealer of section and Note and new section and Note filed 3-4-97; operative 3-4-97. Submitted to OAL for printing only pursuant to Section 147, SB 485 (Ch. 722/92) (Register 97, No. 10).

Note

Note: Authority cited: Sections 10725, 14105, 14124.5 and 14312, Welfare and Institutions Code. Reference: Sections 14087.3, 14087.4, 14263, 14408 and 14450, Welfare and Institutions Code.