Section 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.Fla. Admin. Code Ann. R. 69O-150.213
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.New 2-25-93, Amended 1-4-00, Formerly 4-150.213.