Fla. Admin. Code Ann. R. 69O-150.209 - Use of Statistics
(1) A marketing
communication relating to the dollar amount of claims paid, the number of
persons insured, or similar statistical information relating to any small
employer carrier or plan shall not use irrelevant facts, and shall not be used
unless it accurately reflects all of the relevant facts.
(a) The marketing communication shall not
imply that the statistics are derived from the plan marketed unless that is the
fact, and when applicable to other plans shall specifically so state. A
marketing communication shall specifically identify the plan to which
statistics relate and, where statistics are given that are applicable to a
different plan, it must be stated clearly that the data does not relate to the
plan being marketed.
(b) A
marketing communication shall not contain statements that are untrue in fact,
or misleading by implication, with respect to the assets, corporate structure,
financial standing, age, or relative position of a small employer carrier in
the insurance or health benefit business.
(2) A marketing communication shall not
represent or imply that claim settlements by a small employer carrier are
liberal or generous or words of similar import, or state or imply that claim
settlements are or will be beyond the actual terms of the plan. An unusual
amount paid for a unique claim for the plan marketed is misleading and shall
not be used.
(3) The source and
date of source of any statistics used in a marketing communication shall be
identified in the marketing communication.
Notes
Rulemaking Authority 624.308(1), 626.9611, 627.6699(12) FS. Law Implemented 624.307(1), 626.9541(1)(a), (b), (e), (k), (l), 626.9641(1), 627.6699(9)(d)4. FS.
New 2-25-93, Formerly 4-150.209.
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