Relating to certain trade practices related to life insurance, annuity contracts, and accident and health coverage.

Contracts

• Vendor Master Services Agreements (MSAs): You must amend contracts with third-party wellness, telematics, or risk-mitigation vendors. Insert clauses requiring them to:
• 1. Obtain explicit consumer consent before activating any tracking device or app.
• 2. Indemnify the insurer for data privacy violations under Chapter 1702.
• Agent/Agency Agreements: Update guidelines to explicitly state the $25 limit on promotional items and the pending "reasonable" cap on meals to prevent agents from inadvertently triggering rebating violations.

Hiring/Training

• Sales Force Training: Agents must be retrained on the distinction between a "promotional item" (capped at $25) and a "value-added service" (requires objective criteria).
• IT/UX Development: Web developers must update digital enrollment flows to include a mandatory "Opt-In" checkbox for any service utilizing data tracking or wearables.

Reporting & Record-Keeping

• Objective Criteria File: You must create and maintain an internal compliance document for every Value-Added Service offered. This document must detail the specific, non-discriminatory criteria used to determine consumer eligibility. It must be produced immediately upon TDI request.
• Annuity Waiver Notices: If offering to waive surrender charges, you must generate a written notice or web disclosure provided to the consumer at the time of the offer.
• Consent Logs: You must maintain auditable logs of consumer consent for any data-tracking devices.

Fees & Costs

• No New State Fees: There are no new filing fees associated with this bill.
• Operational Costs: Budget for legal review of marketing materials and IT costs associated with updating consent workflows.