reglab/statecodes huggingface dataset:
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69O-150.105 - Form and Content of Advertisements

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				form and content of a Life Insurance and Annuity Contracts advertisement shall
				be sufficiently complete and clear to avoid deception or the capacity or
				tendency to mislead or deceive. Whether an advertisement has a capacity or
				tendency to mislead or deceive shall be determined by the Director from the
				overall impression that the advertisement 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)
				Advertisements shall be truthful and not misleading in fact or in implication.
				Words or phrases, whose meanings are clear only by implication or by the
				consumer's familiarity with insurance terminology, shall not be used.
(3)
(a) An
				insurer shall clearly identify its life insurance and annuity contract as an
				insurance policy or annuity contract in its advertisements.
(b) The trade name of any policy shall be
				followed by or include the words "Insurance Policy" or "Annuity" or similar
				words clearly identifying the fact that an insurance policy or annuity is being
				offered through the use of the full generic name of the product, such as but
				not limited to whole life insurance policy, variable life insurance policy,
				flexible premium life insurance policy, level term life insurance, reducing
				term life insurance, single premium deferred annuity, immediate
				annuity.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69O-150.106 - Disclosure Requirements for Indeterminated Value Life and Annuity Contract Advertisements

Current through Reg. 50, No. 138; July 16, 2024
In addition to the requirements of Rules
				  69O-150.104 and
				  69O-150.105, F.A.C.,
				  advertisements of indeterminate value life and annuity contracts as defined in
				  Section 627.8015(1),
				  F.S., shall be subject to the following requirements:
(1) Advertisements containing a rate to be
				earned, including interest rates, rates of return, or any other designation of
				earnings performance, are prohibited unless all limitations and conditions
				which affect the rate of return ultimately realized by the
				policyholder/certificateholder or annuitant are disclosed prominently with
				equal emphasis to describe the interest rate or rate of return. The disclosure
				shall include:
(a) Premium expense charges, if
				any;
(b) Administrative charges, if
				any;
(c) The full surrender charge,
				year by year; and,
(d) Any policy
				fees;
(e) Free withdrawal
				provisions or bail-outs, if any;
(f) Market value adjustment, if
				any;
(g) Participation rates, if
				any;
(h) Any other provisions which
				affect the rate of return ultimately realized by the
				policyholder/certificateholder or annuitant, and how the return is
				affected;
(i) Guaranteed minimum
				interest rate during the accumulation period, if any;
(j) Guaranteed minimum interest rate during
				the annuitization period, if any.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69O-150.108 - Necessity for Disclosing Policy Provisions Relating to Renewability, Cancellability, and Termination

Current through Reg. 50, No. 138; July 16, 2024
An advertisement which is an invitation to contract shall
				  disclose the provisions relating to renewability, cancellability, and
				  termination and any modification of benefits, losses covered or premiums
				  because of age or for other reasons, in a manner which shall not minimize or
				  render obscure the qualifying conditions.
Rulemaking Authority 624.308(1), 626.9611 FS. Law
					 Implemented 624.307(1), 626.9541(1)(a), (b), (e), (k), (l), 626.9641(1)
					 FS.
New 6-12-88, Formerly 4-35.0061, Formerly
					 4-150.108.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69O-150.109 - Use of Dividends

Current through Reg. 50, No. 138; July 16, 2024
(1) An advertisement
				shall not be used that utilizes or describes dividends in a manner which is
				misleading or has a tendency to mislead.
(2) An advertisement shall not directly or
				indirectly state or imply that the amount of dividends or divisible surplus is
				guaranteed; nor shall such advertisement state or imply that a policyholder
				will profit by the growth of the company.
(3) Any comparison between participating and
				non-participating policies or contracts must be true and
				accurate.
Rulemaking Authority 624.308 FS. Law Implemented
					 624.307(1), 626.9541(1), (2) FS.
New 9-1-73, Formerly 4-35.07, 4-35.007,
					 4-150.109.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69O-150.110 - Testimonials or Endorsements by Third Parties

Current through Reg. 50, No. 138; July 16, 2024
(1) Testimonials and endorsements used in
				advertisements must be genuine, represent the current opinion of the author, be
				applicable to the policy advertised and be accurately reproduced. The insurer,
				in using a testimonial or endorsement, makes as its own all of the statements
				contained therein, and the advertisement, including such statements, is subject
				to all the provisions of these rules. When a testimonial or endorsement is used
				more than one year after it was originally given, a confirmation must be
				obtained.
(2) A person shall be
				deemed a "spokesperson" if the person making a testimonial, or endorsement:
(a) Has a financial interest in the insurer
				or a related entity as a stockholder, director, officer, employee, or
				otherwise; or
(b) Is an entity
				formed by the insurer, is owned or controlled by the insurer, its employees, or
				the person or persons who own or control the insurer; or
(c) Is in a policy-making position who is
				affiliated with the insurer in any of the above described capacities;
				or
(d) Is in any way directly or
				indirectly compensated for making a testimonial or
				endorsement.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69O-150.111 - Use of Statistics

Current through Reg. 50, No. 138; July 16, 2024
(1) An advertisement
				relating to the dollar amounts of claims paid, the number of persons insured,
				total amount of insurance in force, relative standing, or similar statistical
				information relating to any insurer or policy or contract shall not use
				irrelevant facts, and shall not be used unless it accurately reflects all of
				the relevant facts. Such an advertisement shall not imply that such statistics
				are derived from the policy or contract advertised unless such is the fact, and
				when applicable to other policies or contracts or plans shall specifically so
				state.
(a) An advertisement shall specifically
				identify the policy to which statistics relate and, where statistics are given
				which are applicable to a different policy, it must be stated clearly that the
				data do not relate to the policy being advertised.
(b) An advertisement shall not contain
				statements which are untrue in fact, or by implication misleading with respect
				to the assets, corporate structure, financial standing, age or relative
				position of the insurer in the insurance business.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69O-150.112 - Disparaging Comparisons and Statements

Current through Reg. 50, No. 138; July 16, 2024
(1) An advertisement shall not directly or
				indirectly make unfair or incomplete comparisons of policies or contracts or
				benefits or comparisons of non-comparable policies or contracts of other
				insurers, and shall not disparage competitors, their policies or contracts,
				services or business methods, and shall not disparage or unfairly minimize
				competing methods of marketing insurance.
(2) An advertisement should not contain
				statements such as "no red tape" or "here is all you do to receive
				benefits."
(3) Advertisements which
				state or imply that competing insurance coverages customarily contain certain
				exceptions, reductions or limitations not contained in the advertised policies
				are unacceptable unless such exceptions, reductions or limitations are
				contained in a substantial majority of such competing coverage.
(4) Advertisements which state or imply in a
				misleading or incomplete manner that an insurer's premiums are lower or that
				its loss ratios are higher because its organizational structure differs from
				that of competing insurers shall not be used.
Rulemaking Authority 624.308(1), 626.9611 FS. Law
					 Implemented 624.307(1), 626.9541(1)(a), (b), (e), (k), (l), 626.9641(1)
					 FS.
New 9-1-73, Formerly 4-35.10, Amended 6-12-88, Formerly
					 4-35.010, 4-150.112.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69O-150.113 - Jurisdictional Licensing and Status of Insurer

Current through Reg. 50, No. 138; July 16, 2024
(1) An advertisement which is intended to be
				seen or heard beyond the limits of the jurisdiction in which the insurer is
				licensed shall not imply licensing beyond those limits.
(2) An advertisement shall not create the
				impression directly or indirectly that the insurer, its financial condition or
				status, or the payment of its claims, or the merits, desirability, or
				advisability of its policy or contract forms or kinds of plans of insurance are
				approved, endorsed, or accredited by any division or agency of this State or
				the United States Government or if such relationship exists, such advertisement
				shall not exaggerate or otherwise be misleading with respect to the nature or
				extent of such relationship. This shall not include those cases where
				permission is necessary to transact insurance within military
				installations.
(3) An advertisement
				shall not imply in a misleading manner that approval, endorsement, or
				accreditation of policy forms or advertising has been granted by any division
				or agency of the state or federal government. "Approval" of either policy forms
				or advertising shall not be used by an insurer to imply or state that a
				governmental agency has endorsed or recommended the insurer, its policies,
				advertising or its financial conditions.
Rulemaking Authority 624.308(1), 626.9611 FS. Law
					 Implemented 624.307(1), 626.9541(1)(a), (b), (e), (k), (l), 626.9641(1)
					 FS.
New 9-1-73, Formerly 4-35.11, Amended 6-12-88, Formerly
					 4-35.011, 4-150.113.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69O-150.114 - Identity of Insurer

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a) The name of the actual insurer shall be
				stated in all of the insurer's advertisements.
(b) The form number or numbers of the policy
				advertised shall be stated in any invitation to contract.
(c) An advertisement shall not use a trade
				name, any insurance group designation, name of the parent company of the
				insurer, name of a particular division of the insurer, name of any reinsurer or
				any other party, service mark, slogan, symbol or other device which would be
				misleading as to the true identity of the actual insurer 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
				insurer.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69O-150.115 - Group or Quasi-Group Implications

Current through Reg. 50, No. 138; July 16, 2024
(1) An
				advertisement of a particular policy or contract shall not state or imply that
				prospective insureds become group or quasi-group members covered under a group
				policy or contract and as such enjoy special rates or underwriting privileges,
				unless such is the fact. The term "enrollment" shall not be used except in
				connection with the offer of group insurance.
(2) No solicitation of a particular class,
				such as governmental employees, which state or imply that their occupational
				status of group members entitles them to reduced rates on a group or other
				basis when, in fact, the policy being advertised is sold only on an individual
				basis at regular rates.
Rulemaking Authority 624.308(1), 626.9611 FS. Law
					 Implemented 624.307(1), 626.9541(1)(a), (b), (e), (k), (l), 626.9641(1)
					 FS.
New 9-1-73, Formerly 4-35.13, Amended 6-12-88, Formerly
					 4-35.013, 4-150.115.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69O-150.117 - Statements about an Insurer

Current through Reg. 50, No. 138; July 16, 2024
(1) An
				advertisement shall not contain statements which are untrue in fact, or by
				implication misleading, with respect to the assets, corporate structure,
				financial standing, age or relative position of the insurer in the insurance
				business.
(2) An advertisement
				shall not contain a recommendation by any commercial rating system unless the
				advertisement clearly indicates the purpose of the recommendation and the
				limitations of the scope and extent of the recommendation.
(3) An advertisement shall not refer to a
				holding company or subsidiary of an insurer unless the advertisement fully
				discloses that the holding company or subsidiary is a separate entity and not
				responsible for the insurer's financial condition or contractual
				obligations.
Rulemaking Authority 624.308, 626.9611, 627.805 FS. Law
					 Implemented 624.307(1), 626.9541(1)(a), 626.9641(1), (2), 627.806(1)
					 FS.
New 9-1-73, Formerly 4-35.15, 4-35.015, Amended 5-27-96,
					 11-7-99, Formerly 4-150.117.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69O-150.119 - Enforcement Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) Each insurer
				shall maintain at its home or principal office a complete file containing:
(a) Every printed, published or prepared
				advertisement of its individual policies;
(b) Typical printed, published or prepared
				advertisement of its blanket, franchise, and group policies hereafter
				disseminated in this state; and,
(c) A notation attached to such advertisement
				indicatng the manner and extent of distribution and the form number of any
				policy advertised.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69O-150.120 - Filing for Review

Current through Reg. 50, No. 138; July 16, 2024
Only advertisements that are required by law to be filed will
				  be routinely received and reviewed by the Office.
Rulemaking Authority 624.307(3), 624.308(1), 626.9611 FS.
					 Law Implemented 624.307(1), 626.9541(1)(a), (b), (e), (k), (l), 626.9641(1)
					 FS.
New 6-12-88, Formerly 4-35.0171, Amended 5-27-96, 4-21-98,
					 1-4-00, 12-5-00, Formerly 4-150.120.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69O-150.121 - Severability Provision

Current through Reg. 50, No. 138; July 16, 2024
If any section or portion of a section of these rules, or any
				  amendment thereto, or the applicability thereof to any person or circumstance
				  is held invalid by a court, the remainder of the rules, or the applicability of
				  such provision to other persons or circumstances, shall not be affected
				  thereby.
Rulemaking Authority 624.308(1), 626.9611 FS. Law
					 Implemented 624.307(1), 626.9541(1)(a), (b), (e), (k), (l), 626.9641(1)
					 FS.
New 9-1-73, Formerly 4-35.18, Amended 6-12-88, Formerly
					 4-35.018, 4-150.121.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69O-150.122 - Prior Rules

Current through Reg. 50, No. 138; July 16, 2024
These rules supersede and constitute a revision of all prior
				  rules pertaining to solicitation and sale of Life Insurance and Annuity
				  Contracts.
Rulemaking Authority 624.308(1), 626.9611 FS. Law
					 Implemented 624.307(1), 626.9541(1)(a), (b), (e), (k), (l), 626.9641(1)
					 FS.
New 6-12-88, Formerly 4-35.020,
					 4-150.122.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69O-150.201 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
(1) The purpose of these rules is to provide
				small employers with clear and unambiguous statements in the marketing of
				health benefit plans issued pursuant to the Employee Health Care Access Act, as
				set forth in Section 627.6699, F.S., and to assure
				the clear, truthful, and adequate disclosure of the benefits, limitations, and
				exclusions of policies or contracts sold as health benefit plans.
(2) This purpose is intended to be
				accomplished by the establishment of guidelines and standards of conduct in the
				marketing of health benefit plans to ensure that product descriptions are
				presented in a manner that prevents unfair, deceptive, and misleading marketing
				and is conducive to the accurate presentation and description of health benefit
				plans to small employers.
Rulemaking Authority 624.308(1), 626.9611, 627.6699(12) FS.
					 Law Implemented 624.307(1), 626.9541(1)(a), (b), (e), (k), (l), 626.9641,
					 627.6699(9)(d)4. FS.
New 2-25-93, Formerly
					 4-150.201.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69O-150.202 - Applicability

Current through Reg. 50, No. 138; July 16, 2024
(1) These rules shall apply to any health
				benefit plan marketing communication in this state that a small employer
				carrier knows or reasonably should know is intended for presentation,
				distribution, or dissemination in this state either directly by a small
				employer carrier or indirectly on behalf of a small employer carrier by an
				agent, broker, producer, solicitor, or any other person who has either actual
				or apparent authority to act on behalf of the small employer carrier. The small
				employer carrier shall be responsible for marketing communications that are
				published in violation of written procedures or guidelines of the small
				employer carrier.
(2) Marketing
				materials that are reproduced in quantity shall be identified by form numbers
				or other identifying means that shall be sufficient to distinguish a marketing
				communication from any other marketing material, policy, application, or other
				material used by the small employer carrier.
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., 627.9407(1),
					 (2)
					 FS.
New 2-25-93, Amended 1-4-00, Formerly
					 4-150.202.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69O-150.203 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
For purposes of these rules, the terms below are defined as
				  follows:
(1) "Application" means the
				form that must be filled in by the person seeking to effectuate a health
				benefit plan.
(2) "Application
				Period" includes any enrollment period.
(3)
(a)
				"Carrier" means a person that provides a health benefit plan in this state,
				including any authorized carrier, health maintenance organization,
				multiple-employer welfare arrangement, or any other person providing a health
				benefit plan that is subject to insurance regulation in this state and as set
				forth in Section 627.6699, F.S.
(b) "Carrier" does not include a
				multiple-employer welfare arrangement established by an association of members
				of the same profession that:
1. Operates
				solely for the benefit of the members or the members and employees of the
				members;
2. Was in existence on
				January 1, 1992; and,
3. Provides
				coverage upon the member's request for any member of the association with
				eleven (11) or more employees, or any eleven (11) members and dependents of
				members.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69O-150.204 - Method of Disclosure of Required Information

Current through Reg. 50, No. 138; July 16, 2024
All information required to be disclosed by these rules shall
				  be set out conspicuously and in close conjunction with the statements to which
				  the information relates or under appropriate captions of such prominence that
				  the information shall not be minimized, rendered obscure, or presented in an
				  ambiguous fashion or intermingled with the context of the marketing
				  communication so as to be confusing or misleading.
Rulemaking Authority 624.308, 626.9611, 627.6699(12) FS.
					 Law Implemented 624.307(1), 626.9541(1), (2), 627.6699(9)(d)4.
					 FS.
New 2-25-93, Formerly
					 4-150.204.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69O-150.205 - Form and Content of Marketing Communications

Current through Reg. 50, No. 138; July 16, 2024
(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 Office 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.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69O-150.206 - Marketing Communications of Benefits Payable, Losses Covered, and Premiums Payable

Current through Reg. 50, No. 138; July 16, 2024
(1) Deceptive
				Words, Phrases, or Illustrations Prohibited.
(a) A marketing communication shall not omit
				information or use words, phrases, statements, references, or illustrations
				that have the capacity, tendency, or effect of misleading or deceiving
				purchasers or prospective purchasers as to the nature or extent of any health
				benefit payable, loss covered, or premium payable. The fact that the plan
				offered is made available to the prospective plan purchaser for inspection
				prior to consummation of the sale, or that an offer is made to refund the
				premium if the purchaser is not satisfied, does not remedy misleading
				statements.
(b) A marketing
				communication shall not contain or use words or phrases such as "all," "full,"
				"complete," "comprehensive," "unlimited," "up to," "high as," "this plan will
				help pay your hospital and surgical bills," "this plan will help fill some of
				the gaps that your present insurance leaves out," or similar words and phrases,
				in a manner that exaggerates any benefits beyond the terms of the
				plan.
(c) A marketing communication
				shall not contain descriptions of a plan limitation or exclusion worded in a
				positive manner to imply that it is a benefit, such as, "even pre-existing
				conditions are covered after a limited period of time." Words and phrases used
				in a marketing communication to describe plan limitations and exclusions shall
				fairly and accurately describe the negative features of the limitations and
				exclusions of the plan offered.
(d)
				A marketing communication of a benefit for which payment is conditional upon
				confinement in a hospital or similar facility shall not use words or phrases
				such as "tax free," "extra cash," "extra income," "extra pay," or substantially
				similar words or phrases in a manner that would have the capacity, tendency, or
				effect of misleading the public into believing that the plan marketed will in
				some way enable them to make a profit from being hospitalized or
				disabled.
(e) When the plan
				marketed contains a limit on the number of days of coverage provided, the limit
				must appear in the marketing communication.
(f) A marketing communication of a plan
				covering only one disease or a list of specified diseases shall not imply
				coverage beyond the terms of the plan. Synonymous terms shall not be used to
				refer to any disease in order to imply broader coverage than is the
				fact.
(g) A marketing communication
				of a health benefit plan sold by direct response shall not use in a misleading
				manner the phrases, "no salesman will call," "no agent will call," "by
				eliminating the agent and/or commission, we can offer this low cost plan" or
				similar wording.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69O-150.207 - Disclosure of Plan Provisions Relating to Renewability, Cancellability, and Termination

Current through Reg. 50, No. 138; July 16, 2024
A marketing communication that is an invitation to contract
				  shall disclose, in a manner that shall not minimize or render obscure the
				  qualifying conditions, the provisions relating to renewability, cancellability,
				  and termination and any modification of benefits, losses covered, or premiums
				  because of age or for other reasons.
Rulemaking Authority 624.308(1), 626.9611, 627.6699(12) FS.
					 Law Implemented 624.307(1), 626.9541(1)(a), (b), (e), (k), (l), 626.9641(1),
					 627.6699(9)(d)4. FS.
New 2-23-93, Formerly
					 4-150.207.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69O-150.208 - Testimonials or Endorsements by Third Parties

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a)
				Testimonials and endorsements used in marketing communications must:
1. Be genuine;
2. Represent the current opinion of the
				author;
3. Be applicable to the
				health benefit plan marketed; and,
4. Be accurately
				reproduced.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69O-150.209 - Use of Statistics

Current through Reg. 50, No. 138; July 16, 2024
(1) A marketing
				communication relating to the dollar amount of claims paid, the number of
				persons insured, or similar statistical information relating to any small
				employer carrier or plan shall not use irrelevant facts, and shall not be used
				unless it accurately reflects all of the relevant facts.
(a) The marketing communication shall not
				imply that the statistics are derived from the plan marketed unless that is the
				fact, and when applicable to other plans shall specifically so state. A
				marketing communication shall specifically identify the plan to which
				statistics relate and, where statistics are given that are applicable to a
				different plan, it must be stated clearly that the data does not relate to the
				plan being marketed.
(b) A
				marketing communication shall not contain statements that are untrue in fact,
				or misleading by implication, with respect to the assets, corporate structure,
				financial standing, age, or relative position of a small employer carrier in
				the insurance or health benefit business.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69O-150.210 - Disclosure of Choice of Benefits

Current through Reg. 50, No. 138; July 16, 2024
A marketing communication for a basic, standard, or limited
				  health benefit plan or any combination thereof that refers to a choice of the
				  amount of benefits shall disclose that the amount of benefits provided depends
				  upon the plan selected, and that the premium will vary with the amount of the
				  benefits selected.
Rulemaking Authority 624.308, 626.9611, 627.6699(12) FS.
					 Law Implemented 624.307(1), 626.9541(1), (2), 627.6699(9)(d)4.
					 FS.
New 2-25-93, Formerly
					 4-150.210.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69O-150.211 - Disparaging Comparisons and Statements

Current through Reg. 50, No. 138; July 16, 2024
(1) A marketing communication shall not:
(a) Directly or indirectly make unfair or
				incomplete comparisons of plans or benefits, or comparisons of non-comparable
				policies or contracts of other small employer carriers;
(b) Disparage competitors, their plans,
				policies, contracts, services, or business methods;
(c) Disparage or unfairly minimize competing
				methods of marketing health benefit plans.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69O-150.212 - Jurisdictional Licensing and Status of Small Employer Carrier

Current through Reg. 50, No. 138; July 16, 2024
(1) A marketing communication shall not
				create the impression directly or indirectly that the small employer carrier,
				its financial condition or status, payment of claims, or the merits,
				desirability, or advisability of its plan or policy forms or kinds of plans of
				insurance are approved, endorsed, or accredited by any division or agency of
				this state or of the federal government. If a relationship exists, the
				marketing communication shall not exaggerate or otherwise mislead with respect
				to the nature or extent of the relationship.
(2) A marketing communication shall not imply
				in a misleading manner that approval, endorsement, or accreditation of plan
				forms or marketing has been granted by any division or agency of the state or
				of federal government. Approval or non-disapproval of either plan forms or
				marketing communications shall not be used by a small employer carrier to imply
				or state that a governmental agency has endorsed or recommended the small
				employer carrier, its plans, marketing, or financial
				conditions.
Rulemaking Authority 624.308(1), 626.9611, 627.6699(12) 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, Formerly
					 4-150.212.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69O-150.213 - Identity of Small Employer Carrier

Current through Reg. 50, No. 138; July 16, 2024
(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.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69O-150.214 - Introductory, Initial, or Special Offers

Current through Reg. 50, No. 138; July 16, 2024
(1) A marketing communication of an
				individual health benefit plan shall not directly or by implication represent
				that a plan or combination of plans is an introductory, initial, or special
				offer, or that applicants will receive substantial advantages not available at
				a later date, or that the offer is available only to a specified group of
				individuals, unless that is the fact.
(2) A marketing communication shall not
				contain phrases describing an application period as "special," "limited," or
				similar words or phrases when the small employer carrier uses the application
				periods as the usual method of marketing health benefit plans or health
				insurance.
Rulemaking Authority 624.308(1), 626.9611, 627.6699(12) 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, Formerly
					 4-150.214.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69O-150.215 - Statements About a Small Employer Carrier

Current through Reg. 50, No. 138; July 16, 2024
(1) A marketing communication shall not
				contain statements that are untrue in fact, or misleading by implication, with
				respect to the assets, corporate structure, financial standing, age, or
				relative position of the small employer carrier in the insurance
				business.
(2) A marketing
				communication that contains a recommendation by any commercial rating system
				shall clearly indicate the purpose of the recommendation and the limitations of
				the scope and extent of the recommendation.
(3) A marketing communication that refers to
				a holding company or subsidiary of a small employer carrier shall fully
				disclose that the holding company or subsidiary is a separate entity and is not
				responsible for the small employer carrier's financial condition or contractual
				obligations.
(4) A marketing
				communication shall not refer to a reinsurer or the existence of
				reinsurance.
Rulemaking Authority 624.308, 626.961 FS. Law Implemented
					 624.307(1), 626.9541(1), (2), 627.6699(9)(d)4.
					 FS.
New 2-25-93, Amended 1-4-00, Formerly
					 4-150.215.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69O-150.217 - Enforcement Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) Marketing File.
(a) Each small employer carrier shall
				maintain at its home or principal office a complete file, available for
				inspection by the Office, containing:
1. Every
				printed, published, or prepared marketing communication;
2. A notation attached to each marketing
				communication indicating the manner and extent of distribution and the form
				number of any plan marketed;
3.
				Those advertisements submitted to the insurer by agents, brokers, or others and
				approved by the insurer for use.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69O-150.218 - Filing for Review

Current through Reg. 50, No. 138; July 16, 2024
(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.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69O-150.219 - Severability

Current through Reg. 50, No. 138; July 16, 2024
If any section or portion of a section of these rules, or any
				  amendment, or the applicability to any person or circumstance is held invalid
				  by a court, the remainder of the rules or the applicability of the provision to
				  other persons or circumstances shall not be affected.
Rulemaking Authority 624.308(1), 626.9611, 627.6699(12) 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, Formerly
					 4-150.219.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-151 - REQUIREMENTS FOR REPLACEMENT OF LIFE AND HEALTH COVERAGE › Section 69O-151.001 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 624.308, 626.9611, 626.9641 FS. Law
					 Implemented 624.307(1), 626.9521, 626.9541
					 FS.
New 7-9-81, Formerly 4-24.01, 4-24.10, 4-24.010, 4-151.001,
					 Repealed 1-4-24.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-151 - REQUIREMENTS FOR REPLACEMENT OF LIFE AND HEALTH COVERAGE › Section 69O-151.002 - Definition of Replacement

Current through Reg. 50, No. 138; July 16, 2024
"Replacement" means any transaction in which new life
				  insurance is to be purchased, and it is known or should be known or to the
				  proposing insurer that by reason of such transaction existing life insurance
				  has been or is to be:
(1) Lapsed,
				forfeited, surrendered, or otherwise terminated;
(2) Converted to reduced paid-up insurance,
				continued as extended term insurance, or otherwise reduced in value by the use
				of nonforfeiture benefits or other policy values;
(3) Amended so as to effect either a
				reduction in benefits or in the term for which coverage would otherwise remain
				in force or for which benefits would be paid;
(4) Reissued with any reduction in cash
				value; or
(5) Pledged as collateral
				or subjected to borrowing, whether in a single loan or under a schedule of
				borrowing over a period of time, for amounts in aggregate exceeding twenty-five
				(25%) of the loan value set forth in the policy.
Rulemaking Authority 624.308, 626.9611, 626.9641 FS. Law
					 Implemented 624.307(1), 626.9521, 626.9541, 626.9641
					 FS.
New 7-9-81, Formerly 4-24.02, 4-24.11, 4-24.011, 4-151.002,
					 Amended 1-4-24.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-151 - REQUIREMENTS FOR REPLACEMENT OF LIFE AND HEALTH COVERAGE › Section 69O-151.003 - Other Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "Existing
				Insurer" means the insurance company whose policy is or will be changed or
				terminated in such a manner as described within the definition of
				"replacement."
(2) "Existing Life
				Insurance" means any life insurance in force including life insurance under a
				binding or conditional receipt or a life insurance policy that is within an
				unconditional refund period, but excluding life insurance obtained through the
				exercise of a dividend option.
(3)
				"Replacing Insurer" means the insurance company that issues a new policy which
				is a replacement of existing life insurance.
(4) 'Sales Proposal" means individualized,
				written sales aids of all kinds, which are used by an insurer or agent in
				comparing existing life insurance to proposed life insurance in order to
				recommend the replacement or conservation of existing life insurance. Sales
				aids of a generally descriptive nature, which are maintained in the insurer's
				advertising compliance file, shall not be considered a Sales Proposal within
				the meaning of this definition.
(5)
				"Life Insurance" shall include annuities, tax sheltered annuities or life
				insurance policies which qualify under the definition of tax sheltered
				annuities.
Rulemaking Authority 624.308, 626.9611, 626.9641 FS. Law
					 Implemented 624.307(1), 626.9521, 626.9541, 626.9641
					 FS.
New 7-9-81, Amended 2-2-83, Formerly 4-24.12, 4-24.012,
					 4-151.003, Amended 1-4-24.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-151 - REQUIREMENTS FOR REPLACEMENT OF LIFE AND HEALTH COVERAGE › Section 69O-151.004 - Exemptions

Current through Reg. 50, No. 138; July 16, 2024
Unless otherwise specifically included, paragraph
				  69O-151.007(3)(b)
				  and subsection 69O-151.008(1),
				  F.A.C., shall not apply to:
(1)
				Industrial Insurance;
(2) Group,
				franchise, and individual credit life insurance;
(3) Group life insurance and life insurance
				policies issued in connection with a pension, profit sharing or other benefit
				plan qualifying for tax deductibility of premiums;
(4) An application to the existing insurer
				that issued the existing life insurance where a contractual change or
				conversion privilege is being exercised;
(5) Existing life insurance that is a
				non-convertible term life insurance policy which will expire in five years or
				less and cannot be renewed, unless such policy has tabular cash values;
				or
(6) Proposed life insurance that
				is to replace existing life insurance issued under a binding or conditional
				receipt delivered by the same company;
(7) Variable life insurance or annuities
				under which the death benefits and cash values vary in accordance with unit
				values of investments held in a separate account,
(8) Transactions involving annuity contracts
				which are governed by Rule
				69B-162.011,
				F.A.C.
Rulemaking Authority 624.308, 626.9611, 626.9641 FS. Law
					 Implemented 624.307(1), 626.9521, 626.9541, 626.9641, 627.4554
					 FS.
New 7-9-81, Formerly 4-24.03, Amended 2-2-83, Formerly
					 4-24.13, 4-24.013, 4-151.004, Amended
					 1-4-24.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-151 - REQUIREMENTS FOR REPLACEMENT OF LIFE AND HEALTH COVERAGE › Section 69O-151.005 - Duties of Agent (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 624.308, 626.9611, 626.9641 FS. Law
					 Implemented 624.307(1), 626.9521, 626.9541, 626.9641
					 FS.
New 7-8-81, Formerly 4-24.04, 4-24.14, 4-24.014, 4-151.005,
					 Repealed 1-4-24.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-151 - REQUIREMENTS FOR REPLACEMENT OF LIFE AND HEALTH COVERAGE › Section 69O-151.006 - Duties of Replacing Agent (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 624.308, 626.9611, 626.9641 FS. Law
					 Implemented 624.307(1), 626.9521, 626.9541, 626.9641
					 FS.
New 7-9-81, Formerly 4-24.04, Amended 2-2-83, Formerly
					 4-24.15, 4-24.015, 4-151.006, Repealed
					 1-4-24.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-151 - REQUIREMENTS FOR REPLACEMENT OF LIFE AND HEALTH COVERAGE › Section 69O-151.007 - Duties of Replacing Insurers

Current through Reg. 50, No. 138; July 16, 2024
Each replacing insurer shall:
(1) Inform its field representatives of the
				requirements of these rules.
(2)
				Require with or as part of each completed application for life insurance:
(a) A statement signed by the applicant as to
				whether or not such insurance will replace existing life insurance;
				and,
(b) A statement signed by the
				agent as to whether or not he or she knows replacement is or may be involved in
				the transaction.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-151 - REQUIREMENTS FOR REPLACEMENT OF LIFE AND HEALTH COVERAGE › Section 69O-151.008 - Duties of the Existing Insurer

Current through Reg. 50, No. 138; July 16, 2024
Each existing insurer shall inform its responsible personnel
				  of the requirements of these rules. Each existing insurer shall:
(1) Within ten (10) days from the date it
				receives the Form OIR-B2-312, rev. 07/23,as adopted in Rule
				69B-151.010, F.A.C., furnish the
				policyowner, when requested a Form OIR-B2-313, rev. 07/23, as adopted in Rule
				69B-151.010, F.A.C., concerning
				the existing life insurance. The values shown on Form OIR-B2-313 rev. 07/23, as
				adopted in Rule 69B-151.010, F.A.C.,shall be
				computed from the current policy year of the existing life insurance.
				Exemptions from compliance with the provisions of this section are set forth in
				Rule 69O-151.004, F.A.C.
(2) Maintain a file containing the following:
(a) Copies of the Form OIR-B2-312, rev.
				07/23, as adopted in Rule
				69B-151.010, F.A.C.,) received
				from replacing insurers; and,
(b)
				Copies of the fully completed Form OIR-B2-313, rev. 07/23, as adopted in Rule
				69B-151.010, F.A.C., prepared
				pursuant to subsection
				69O-151.008(1),
				F.A.C.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-151 - REQUIREMENTS FOR REPLACEMENT OF LIFE AND HEALTH COVERAGE › Section 69O-151.009 - Penalties (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 624.308, 626.9611, 626.9641 FS. Law
					 Implemented 624.307(1), 626.9521, 626.9541, 626.9641
					 FS.
New 7-9-81, Formerly 4-24.06, 4-24.19, 4-24.019, 4-151.009,
					 Repealed 1-4-24.