14 Va. Admin. Code § 7-10-70 - Prohibitions on fees, consideration, solicitation, and marketing
A CDO or a certified application counselor may not:
1. Impose any charge on a consumer, an
applicant, or an enrollee for application or other assistance related to the
exchange;
2. Act as an insurance
agent or broker;
3. Receive any
consideration directly or indirectly from any health insurance issuer or other
insurance issuer in connection with the enrollment of any individual in a
qualified health plan or qualified dental plan or a nonqualified health plan or
nonqualified dental plan;
4.
Provide compensation to any individual certified application counselor on a
per-application, per-individual-assisted, or per-enrollment basis;
5. Provide to an applicant or potential
enrollee a gift of any value as an inducement for enrollment. The value of a
gift provided to an applicant and potential enrollee for purposes other than as
an inducement for enrollment shall not exceed nominal value, either
individually or in the aggregate, when provided to that individual during a
single encounter. For purposes of this subdivision the term "gift" includes
gift items, gift cards, cash cards, cash, or promotional items that market or
promote the products or services of a third party but does not include the
reimbursement of legitimate expenses incurred by a consumer in an effort to
receive exchange application assistance, such as travel or postage expenses;
6. Solicit any consumer for
application or enrollment assistance by going door-to-door or through other
unsolicited means of direct contact with a consumer to provide application or
enrollment assistance without the consumer initiating the contact, unless the
individual has a preexisting relationship with the individual certified
application counselor or CDO and other applicable state and federal laws are
otherwise complied with; or
7.
Initiate any telephone call to a consumer using an automatic telephone dialing
system or an artificial or prerecorded voice, except in cases where the
individual certified application counselor or CDO has a relationship with the
consumer and so long as other applicable state and federal laws are otherwise
complied with.
Notes
Statutory Authority: 12.1-13, 38.2-223, and 38.2-6515 of the Code of Virginia.
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