Ga. Comp. R. & Regs. R. 120-2-49-.17 - Unfair Practices; Marketing of Unapproved Products
(1) No
administrator, nor their officers, directors, partners, trustees, agents or
employees shall engage in any unfair trade practice defined in Chapter 6 of
Title 33 of the Official Code of Georgia Annotated, or determined pursuant to
this rule to be an unfair or deceptive act or practice. The provisions of
Chapter 6 apply to administrators and their officers, directors, partners,
trustees, agents or employees.
(2)
In addition to the practices deemed unfair and deceptive in Chapter 6 of Title
33 of the Official Code of Georgia Annotated, it shall be deemed an unfair or
deceptive practice for any administrator, officer, director, partner, trustee,
agent or employee to commit or perform any of the following:
(a) Misrepresenting or withholding any data
or information that has been provided by the plan sponsor and is pertinent to
underwriting conditions for a contract of insurance between the plan sponsor
and any insurer, reinsurer or ultimate risk bearer, or for a contract of
self-insurance between the plan sponsor and the administrator.
(b) Misrepresenting the existence or the
terms of any actual or proposed insurance or reinsurance policy, or
self-insurance contract.
(c)
Failing to make an appropriate reply within fifteen working days to any
inquiries of the Office of Commissioner of Insurance as they pertain to this
regulation or O.C.G.A. ยงยง
33-23-100 to
33-23-104.
(d) Failing to submit requested documentation
to the Office of Commissioner of Insurance as it applies to any complaints or
inquiries regarding the business practices of an administrator.
(3) A licensed administrator is
not permitted to market or administer any insurance product not approved in
this state or that is issued by a non-admitted insurer or unauthorized multiple
employer self-insured health plan.
Notes
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