Fla. Admin. Code Ann. R. 69O-150.213 - Identity of Small Employer Carrier
(1)
(a) The name of the actual small employer
carrier shall be stated in all of the small employer carrier's marketing
communications.
(b) The form number
or numbers of the plan marketed shall be stated in any marketing communication
that describes a particular plan's benefits.
(c) A marketing communication shall not use a
trade name, any insurance group designation, name of the parent company of the
small employer carrier, name of a particular division of the small employer
carrier, name of any reinsurer or any other party, service mark, slogan, symbol
or other device that would be misleading as to the true identity of the small
employer carrier or create the false impression that the parent company or
reinsurer or any other party would have any responsibility for the financial
obligation of the small employer carrier.
(2) A marketing communication shall not use
any combination of words, symbols, or physical materials that by their content,
phraseology, shape, color, or other characteristics are so similar to
combinations of words, symbols, or physical materials used by agencies of the
federal government or of this state, or otherwise appear to be of a nature that
tends to confuse or mislead prospective plan purchasers into believing that the
solicitation is in some manner connected with an agency of the municipal,
county, state, or federal government. If a relationship exists, the marketing
communication shall not exaggerate or otherwise be misleading with respect to
the nature or extent of the relationship.
(3) Marketing communications, envelopes, or
stationery shall not use words, letters, initials, symbols, or other devices
that are so similar to those used by governmental agencies or other small
employer carriers that they may tend to mislead or confuse the public into
believing:
(a) That the marketed coverages are
somehow provided or endorsed by governmental agencies or other small employer
carriers; or
(b) That the marketer
is the same as, connected with, or endorsed by governmental agencies or other
small employer carriers.
(4) A marketing communication shall not use
the name of a state or a political subdivision in a plan name or
description.
(5) A marketing
communication in the form of envelopes or stationery of any kind shall not use
any name, service mark, slogan, symbol, or any device in a manner that implies
that the small employer carrier, the plan marketed, or any agent who may call
upon the consumer as a result of the marketing communication is connected with
a governmental agency, such as the Social Security Administration.
(6) A marketing communication shall not use
letters, initials, or symbols of the corporate name or a trademark that would
have the tendency or capacity to mislead or deceive the public as to the true
identity of the small employer carrier, unless the true, correct, and complete
name of the small employer carrier is in close conjunction and in the same size
type as the letters, initials, or symbols of the corporate name or
trademark.
(7) A marketing
communication shall not use the name of an agency or other nomenclature in a
type, size, and location that has the capacity and tendency to mislead or
deceive as to the true identity of the small employer carrier.
(8) An address shall not be used to mislead
or deceive as to the true identity of the small employer carrier or any other
entity, its location, or licensing status.
(9) A small employer carrier shall not use,
in the trade name of its health benefit plan, any terminology or words so
similar to the name of a governmental agency or governmental program as to have
the tendency to confuse, deceive or mislead the prospective
purchaser.
(10) All marketing
communications created by or used by agents, producers, brokers, or solicitors
of a small employer carrier must be submitted to the Office by the small
employer carrier.
(11) An agent who
contacts a consumer as a result of acquiring that consumer's name from a lead
generating device, from a list compiled from a lead generating device, or from
a person providing those services, must disclose that fact in the initial
contact with the consumer.
Notes
Rulemaking Authority 624.308(1), 626.9611 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, Amended 1-4-00, Formerly 4-150.213.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.