Fla. Admin. Code Ann. R. 69O-150.218 - Filing for Review

(1) Any marketing of health benefit plans as defined in subsections 69O-150.203(7), (8), (9), and (10), F.A.C., of this rule chapter shall be filed by the small employer carrier with the Office for review not less than 30 days prior to the date the small employer carrier desires to use the marketing communication.

(2)

(a) Marketing communications that will be aired on television or radio shall not be subject to the time period specified in subsection (1) of this rule.

(b) The audio or audio/visual tapes and scripts for use in the marketing communications by television or radio shall be filed by the small employer carrier with the Office for review prior to the date the small employer carrier desires to first air the marketing communication.

(c) The Office shall review the audio or audio/visual tapes and scripts within 30 days of receipt.

(3) Disapproval of Marketing Material.

(a) The Office shall review the marketing material submitted under subsection (1) of this rule, within 30 days after receipt.

(b) A marketing communication submitted under subsection (1) of this rule, will be disapproved if the Office determines that the material violates any of the provisions of Section 627.6699, F.S., Part IX of Chapter 626, F.S., or any applicable rules of the Office.

(c) If the small employer carrier files at least 30 days prior to use and the Office has not issued a preliminary notice of violation within 30 days after filing, and there are no material changes in the marketing communication, the small employer carrier shall not be penalized for any use of the marketing communication that occurs within 30 days after receipt of any subsequent preliminary notice that the marketing communication is in violation of an applicable statute or rule.

(d) The Office shall withdraw any previous approval and disapprove a marketing communication at any time and enter an immediate order requiring that the use of the marketing communication be discontinued if the Office determines that the marketing communication violates any of the provisions of Section 627.6699, F.S., or of Part IX of Chapter 626, F.S., or any applicable rules of the Office.

Notes

Fla. Admin. Code Ann. R. 69O-150.218

Rulemaking Authority 624.308(1), 626.9611, 627.9407(1), (2) FS. Law Implemented 624.307(1), 626.9541(1)(a), (b), (e), (k), (l), 626.9561, 626.9641(1), 627.9407(1), (2) FS.

New 2-25-93, Amended 1-4-00, Formerly 4-150.218.

New 2-25-93, Amended 1-4-00, Formerly 4-150.218.