PROHIBITED MARKETING PRACTICES. 9.3.1 HMO and its agents, subcontractors and providers are prohibited from engaging in the following marketing practices:
9.3.1.1 conducting any direct-contact marketing to prospective Members except through TDH-sponsored enrollment events;
9.3.1.2 making any written or oral statement containing material misrepresentations of fact or law relating to HMO's plan or the STAR program;
9.3.1.3 making false, misleading or inaccurate statements relating to services or benefits of HMO or the STAR program;
9.3.1.4 offering prospective Members anything of material or financial value as an incentive to enroll with a particular PCP or HMO; and
9.3.1.5 discriminating against an eligible Member because of race, creed, age, color, sex, religion, national origin, ancestry, marital status, sexual orientation, physical or mental handicap, health status, or requirements for health care services.
9.3.2 HMO may offer nominal gifts with a retail value of no more than $10 and/or free health screens to potential Members, as long as these gifts and free health screenings are offered whether or not the potential Member enrolls in their HMO. Free health screenings cannot be used to discourage less healthy potential Members from joining HMO. All gifts must be approved by TDH prior to distribution to Members. The results of free screenings must be shared with the Member's PCP if the Member enrolls with HMO providing the screen.
9.3.3 Marketing representatives may not conduct or participate in marketing activities for more than one HMO.
PROHIBITED MARKETING PRACTICES. 5.3.1 Each party agrees that it shall not engage in deceptive, misleading or unethical trade practices that are or might be detrimental to the other party.
5.3.2 Each party agrees that it shall not make any false or misleading representations with regard to the other Party or its products.
5.3.3 Each party agrees that it shall not publish or utilize or cooperate in the publication or utilization of any misleading or deceptive advertising or marketing material that relates in any way to the other party or its products.
5.3.4 Distributor agrees that it shall not make any warranty or representation to anyone that would give the recipient thereof any claim or right of action against Seller or that is inconsistent with Seller's warranties hereunder.
5.3.5 Distributor agrees that it shall not represent to any third party that the Products are different from any products marketed directly by Seller or by Seller's other distributors, or that Distributor is the sole distributor of the Products (except to the extent consistent with Section 1.4).
PROHIBITED MARKETING PRACTICES. 113 9.4 NETWORK PROVIDER DIRECTORY.............................................................................. 113 ARTICLE 10
PROHIBITED MARKETING PRACTICES. 9.3.1 HMO and its agents, subcontractors and providers are prohibited from engaging in the following marketing practices:
9.3.1.1 conducting any direct-contact marketing to prospective Members except through TDH-sponsored enrollment events;
9.3.1.2 making any written or oral statement containing material misrepresentations of fact or law relating to HMO's plan or the STAR program;
9.3.1.3 making false, misleading or inaccurate statements relating to services or benefits of HMO or the STAR program;
9.3.1.4 offering prospective Members anything of material or financial value as an incentive to enroll with a particular PCP or HMO; and 1999 Renewal Contract Tarrant Service Area 99 August 9, 1999 100
9.3.1.5 discriminating against an eligible Member because of race, creed, age, color, sex, religion, national origin, ancestry, marital status, sexual orientation, physical or mental handicap, health status, or requirements for health care services.
9.3.2 HMO may offer nominal gifts with a retail value of no more than $10 and/or free health screens to potential Members, as long as these gifts and free health screenings are offered whether or not the potential Member enrolls in their HMO. Free health screenings cannot be used to discourage less healthy potential Members from joining HMO. All gifts must be approved by TDH prior to distribution to Members. The results of free screenings must be shared with the Member's PCP if the Member enrolls with HMO providing the screen.
9.3.3 Marketing representatives may not conduct or participate in marketing activities for more than one HMO.
PROHIBITED MARKETING PRACTICES. 9.3.1 HMO and its agents, subcontractors and providers are prohibited from engaging in the following marketing practices:
9.3.1.1 conducting any direct contact marketing to prospective Members except through TDH-sponsored enrollment events;
9.3.1.2 making any written or oral statement containing material misrepresentations of fact or law relating to HMO's plan or the STAR program;
9.3.1.3 making false, misleading or inaccurate statements relating to services or benefits of HMO or the STAR program;
9.3.1.4 offering prospective Members anything of material or financial value as an incentive to enroll with a particular PCP or HMO; and
9.3.1.5 discriminating against an eligible Member because of race, creed, age, color, sex, religion, national origin, ancestry, marital status; sexual orientation, physical or mental handicap, health status, or requirements for health care services.
9.3.2 HMO may offer nominal gifts with a retail value of no more than $10 and/or free health screens to potential Members, as long as these gifts and free health screenings are offered whether or not the client enrolls in HMO. Free health screenings cannot 87 Dallas Service Area Contract 94 be used to discourage less healthy potential Members from joining HMO. All gifts must be approved by TDH prior to distribution to Members. The results of free screenings must be shared with the Member's PCP if the Member enrolls with HMO providing the screen.
9.3.3 Marketing representatives may not conduct or participate in marketing activities for more than one HMO.
