(1) A person engages in a deceptive trade practice when, in the course of such person's business, vocation, or occupation, such person:
(a) Solicits, markets, advertises, promotes, or sells to a consumer residing in Colorado a discount health plan and such plan materials:
(I) Fail to provide to the consumer a clear and conspicuous disclosure that the discount health plan is not insurance and that the plan only provides for discount health care services from participating providers within the plan;
(II) Fail to provide the name, address, and telephone number of the administrator of the discount health plan;
(III) Fail to make available to the consumer through a toll-free telephone number, upon request of the consumer, a complete and accurate list of the participating providers within the plan in the consumer's local area and a list of the services for which the discounts are applicable. Such list shall be available to the consumer upon request commencing with the time of purchase and shall be updated at least every six months.
(IV) Fail to use common usage for words and phrases in describing the discounts or access to discounts offered, and such failure results in representations of the discounts that are misleading, deceptive, or fraudulent;
(V) Fail to provide to the consumer notice of the right to cancel such discount health plan pursuant to paragraph (c) of this subsection (1);
(b) Offers discounted health services or products that are not authorized by a contract with each provider listed in conjunction with the discount health plan;
(c) Fails to allow a purchaser of a discount health plan to cancel such plan within thirty days after purchase;
(d) Fails to refund all membership fees paid to the discount health plan by the consumer within thirty days after timely notification of the cancellation of the plan to the discount health plan administrator pursuant to paragraph (c) of this subsection (1).
(2) The provisions of this section shall not apply to:
(a) A carrier as defined in section 10-16-102(8), C.R.S ., that offers discounts for services to a covered person, as defined in section 10-16-102(15), C.R.S ., and such services are supplemental to and not part of the health coverage plan of the carrier;
(b) A medicare endorsed drug card as approved by the centers for medicare and medicaid services pursuant to the “Medicare Prescription Drug, Improvement, and Modernization Act of 2003”, Public Law 108-173. 1
(3) For the purposes of this section, unless the context otherwise requires:
(a) “Health care services” has the same meaning as in section 10-16-102(33), C.R.S .
(b) “Provider” has the same meaning as in section 10-16-102(56), C.R.S .
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