441—88.10 (249A) Marketing.
	 88.10(1) General requirements. An HMO may not distribute directly or through any agent or independent contractor any marketing materials, without the prior approval of the department, and may not distribute marketing materials that contain false or materially misleading information.
	  a.   	 Service market. An HMO shall distribute any marketing materials to its entire service area or region.
	  b.   	 Prohibition of tie-ins. An HMO, or any agency of the entity, may not seek to influence an individual’s enrollment with the HMO in conjunction with the sale of any other insurance.
	  c.   	 Prohibiting marketing fraud. Each HMO shall comply with the procedures and conditions the department prescribes in the contract in order to ensure that, before an individual is enrolled with the HMO, the individual is provided accurate oral and written information sufficient to make an informed decision whether or not to enroll.
	  d.   	 Prohibition of “cold-call” marketing. HMOs shall not, directly or indirectly, conduct door-to-door, telephonic, or other “cold-call” marketing of enrollment.
	 88.10(2) Marketing representatives. Marketing representatives utilized to market Medicaid recipients must be sufficiently trained and capable of performing marketing activities within the requirements of the contract. The HMO’s marketing representatives must represent the HMO in an honest and straightforward manner. In its marketing presentations the HMO must include information which ensures that the marketing representative is not mistaken for a state or county employee.
	 88.10(3) Marketing presentations. The HMO may make marketing presentations in the local offices of the department or otherwise include the department in their marketing efforts at the discretion of the department.
	 88.10(4) Marketing materials. Written material must include a marketing brochure or a member handbook that fully explains the services available, how and when to obtain them, and special factors applicable to Medicaid recipients as specified in the contract.