Section 69B-150.205 - Form and Content of Marketing Communications(1) The form and content of a health benefit plan marketing communication shall be sufficiently complete and clear to avoid deception or the capacity or tendency to mislead or deceive, as determined by the Department from the overall impression that the marketing communication may be reasonably expected to create upon a person of average education or intelligence within the segment of the public to which it is directed.(2) Marketing communications shall be truthful and not misleading in fact or in implication. Words and phrases with meanings that are clear only by implication or by the small employer, employee, or other consumer's familiarity with insurance terminology shall not be used.(3)(a) A small employer carrier shall clearly identify the small employer carrier's health benefit plan as a health benefit plan in its plan marketing communications.(b) The trade name on any health benefit plan shall be followed by the words "Health Benefit Plan" or similar words clearly identifying the fact that a health benefit plan is being offered.(4) A small employer carrier, agent, broker, producer, solicitor, or other person shall not solicit a resident of this state for the purchase of a health benefit plan in connection with or as the result of the use of any marketing communication that contains any misleading representation or misrepresentation or is otherwise untrue, deceptive, or misleading with regard to the information imparted, the status, character, or representative capacity of the person, or the true purpose of the marketing communication, or otherwise violates the provisions of these rules or of the Florida Insurance Code.(5) A small employer carrier, agent, broker, producer, solicitor, or other person shall not solicit residents of this state for the purchase of a health benefit plan through the use of a true or fictitious name that is deceptive or misleading with regard to the status, character, or proprietary or representative capacity of the person, or the true purpose of the marketing communication.(6) A small employer carrier, agent, broker, producer, solicitor, or other person shall not effectuate plan coverage prior to a full explanation of the coverage offered and completion of an application form.Fla. Admin. Code Ann. R. 69B-150.205
Rulemaking Authority 624.308(1), 626.9611 FS. Law Implemented 624.307(1), 624.428, 626.112, 626.830, 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 4-150.205.New 2-25-93, Amended 1-4-00, Formerly 4-150.205.