N.Y. Comp. Codes R. & Regs. tit. 12 § 317.18

Current through Register Vol. 46, No. 45, November 2, 2024

Section 317.18 - Marketing materials

(a) All marketing materials disseminated or communicated by or on behalf of a group self-insurer, group administrator or trustee of a group shall be strictly factual in nature and shall be truthful and accurate in all respects, and shall not contain any statements which cannot be measured or verified, or which are in any way deceptive, misleading or coercive.

(b) If the chair has reasonable cause to believe that any marketing materials disseminated or communicated by or on behalf of a group self-insurer, group administrator or trustee of a group do not conform to the requirements set forth in subdivision (a) of this section, then he or she may require that all marketing materials disseminated or communicated by or on behalf of such group self-insurer, group administrator or trustee of the group be submitted to the chair within 30 days. The chair may also direct the submission of additional information supporting such marketing materials.

(c) If the chair determines that submitted marketing materials do not conform to subdivision (a) of this section, the chair may direct the group self-insurer, group administrator or trustee of a group to:

(1) immediately cease dissemination or communication of such materials;

(2) provide the chair with the names and addresses of all entities to whom those materials were disseminated or communicated;

(3) disseminate additional information clarifying or explaining such disapproved materials; or

(4) file, until otherwise directed, all future marketing materials with the chair 30 days prior to their dissemination or communication.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 317.18