Fla. Admin. Code Ann. R. 69O-150.205 - Form and Content of Marketing Communications
(1) The form and content of a health benefit
plan marketing communication shall be sufficiently complete and clear to avoid
deception or the capacity or tendency to mislead or deceive, as determined by
the Office from the overall impression that the marketing communication 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) Marketing
communications shall be truthful and not misleading in fact or in implication.
Words and phrases with meanings that are clear only by implication or by the
small employer, employee, or other consumer's familiarity with insurance
terminology shall not be used.
(3)
(a) A small employer carrier shall clearly
identify the small employer carrier's health benefit plan as a health benefit
plan in its plan marketing communications.
(b) The trade name on any health benefit plan
shall be followed by the words "Health Benefit Plan" or similar words clearly
identifying the fact that a health benefit plan is being
offered.
(4) A small
employer carrier, agent, broker, producer, solicitor, or other person shall not
solicit a resident of this state for the purchase of a health benefit plan in
connection with or as the result of the use of any marketing communication that
contains any misleading representation or misrepresentation or is otherwise
untrue, deceptive, or misleading with regard to the information imparted, the
status, character, or representative capacity of the person, or the true
purpose of the marketing communication, or otherwise violates the provisions of
these rules or of the Florida Insurance Code.
(5) A small employer carrier, agent, broker,
producer, solicitor, or other person shall not solicit residents of this state
for the purchase of a health benefit plan through the use of a true or
fictitious name that is deceptive or misleading with regard to the status,
character, or proprietary or representative capacity of the person, or the true
purpose of the marketing communication.
(6) A small employer carrier, agent, broker,
producer, solicitor, or other person shall not effectuate plan 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), 627.6699(9)(d)4. FS.
New 2-25-93, Amended 1-4-00, Formerly 4-150.205.
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