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(for others reading this, caveat, I am NOT an agent making a living from the sale of insurance products and confronting the needs of Medicare Beneficiaries (other than myself) on a daily basis.)I truly don't believe any member really missed an AEP or OEP because of a tornado that happened in April, yet the SEP still exists and almost every agent in this country would use it. You are saying this is illegal?
If you and the member know a tornado did not prevent the member from properly applying for insurance during the AEP or OEP, but you both sign an application saying the tornado did prevent the member from completing an application in that time, you are both lying on an application for insurance. Further, in crafting the application and telling the member it is ok to sign it, you are using your insurance license and appearance of professional expertise to cause the member to lie on an application for insurance coverage.
My insurance forums education suggests that it is unwise and unethical behavior to lie on an application for insurance. My feeling is that a professional insurance agent causing another person to lie on an insurance application might be a criminal act -- but I am not an attorney so I don't know that for a fact.