Fla. Admin. Code Ann. R. 69O-150.005 - Form and Content of Advertisements
(1) The
form and content of a Health Insurance advertisement shall be sufficiently
complete and clear to avoid deception or the capacity or tendency to mislead or
deceive. Whether an advertisement has a capacity or tendency to mislead or
deceive shall be determined by the Director from the overall impression that
the advertisement may be reasonably expected to create upon a person of average
education or intelligence, within the segment of the public to which it is
directed.
(2) Advertisements shall
be truthful and not misleading in fact or in implication. Words or phrases,
whose meanings are clear only by implication or by the consumer's familiarity
with insurance terminology shall not be used.
(3)
(a) An
insurer must clearly identify its health insurance policy as an insurance
policy in its advertisements.
(b)
The name of any policy shall be followed by or include the words "Insurance
Policy" or similar words clearly identifying, the fact that an insurance policy
is being offered, through the use of the full generic name of the product;
e.g., long term care insurance policy, major medical insurance policy, limited
benefit health insurance policy, or disability insurance
policy.
(4) No insurer,
agent, broker, producer, solicitor or other person shall solicit a resident of
this State for the purchase of Health Insurance in connection with or as the
result of the use of any advertisement which:
(a) Contains any misleading representations,
misrepresentations, or is otherwise untrue, deceptive or misleading with regard
to the information imparted, the status, character or representative capacity
of such person or the true purpose of the advertisement; or
(b) Otherwise violates the provisions of
these rules; or
(c) Otherwise
violates the provisions of the Florida Insurance Code.
(5) No insurer, agent, broker, producer,
solicitor or other person shall solicit residents of this State for the
purchase of Health Insurance through the use of a true or fictitious name which
is deceptive or misleading with regard to the status, character, or proprietary
or representative capacity of such person or the true purpose of the
advertisement.
(6) No insurer,
agent, broker, producer, solicitor, or other person shall effectuate insurance
coverage prior to a full explanation of the coverage offered and completion of
an application form.
Notes
Rulemaking Authority 624.308(1), 626.9611 FS. Law Implemented 624.307(1), 624.428, 626.112, 626.830, 626.9541(1)(a), (b), (e), (k), (l), 626.9641(1) FS.
New 1-19-73, Repromulgated 12-24-74, Formerly 4-6.05, Amended 6-13-88, Formerly 4-6.005, Amended 1-4-00, Formerly 4-150.005.
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