reglab/statecodes huggingface dataset:
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69B-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 › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69B-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 › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69B-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 › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69B-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 › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69B-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, shall state or imply that the occupational
				status of class 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, Amended 11-26-14.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69B-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 › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69B-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 › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69B-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 › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69B-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 › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69B-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 › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69B-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 › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69B-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 › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69B-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 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.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69B-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 › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69B-150.208 - Testimonials or Endorsements by Third Parties (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308(1),
					 626.9611,
					 627.6699(12)
					 FS. Law Implemented  624.307(1),
					 626.062, 626.830, 626.9541(1)(a), (b), (e), (k), (l), 626.9641(1),
					 627.6699(9)(d)4., 624.307(1) FS.
New 2-25-93, Formerly 4-150.208, Repealed
					 11-15-22.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69B-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 › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69B-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 › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69B-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 › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69B-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 › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69B-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 › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69B-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 › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69B-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 › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-150 - LIFE AND HEALTH ADVERTISING REQUIREMENTS › Section 69B-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 › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-151 - REQUIREMENTS FOR REPLACEMENT OF LIFE AND HEALTH COVERAGE › Section 69B-151.001 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
The purpose of this rule chapter is:
(1) To implement the provisions of sections
				 626.9521,
				 626.9541,
				 626.9611 and
				 626.9641, F.S., and such other
				laws of this state as may be applicable, with respect to the replacement of
				life insurance and related matters;
(2) To regulate the activities of agents with
				respect to the replacement of existing life insurance;
(3) To protect the interests of life
				insurance policyowners by establishing minimum standards of conduct to be
				observed in the replacement or proposed replacement of existing life insurance
				by:
(a) Assuring that the policyowner receives
				information with which a decision can be made in his or her own best interests;
				and,
(b) Reducing the opportunity
				for misrepresentation and incomplete
				disclosures.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-151 - REQUIREMENTS FOR REPLACEMENT OF LIFE AND HEALTH COVERAGE › Section 69B-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 to the
				  proposing agent 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 12-31-15.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-151 - REQUIREMENTS FOR REPLACEMENT OF LIFE AND HEALTH COVERAGE › Section 69B-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,
					 4-150.003, Amended 12-31-15.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-151 - REQUIREMENTS FOR REPLACEMENT OF LIFE AND HEALTH COVERAGE › Section 69B-151.004 - Exemptions (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 4-24.03, Amended 2-2-83, Formerly
					 4-24.13, 4-24.013, 4-151.004, Repealed
					 12-31-15.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-151 - REQUIREMENTS FOR REPLACEMENT OF LIFE AND HEALTH COVERAGE › Section 69B-151.005 - Duties of Agent

Current through Reg. 50, No. 138; July 16, 2024
Each agent shall submit to the insurer with or as a part of
				  each application for life insurance:
(1) A statement signed by the applicant as to
				whether or not such insurance will replace existing life insurance;
				and,
(2) A signed statement as to
				whether or not the agent knows replacement is or may be involved in the
				transactions.
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.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-151 - REQUIREMENTS FOR REPLACEMENT OF LIFE AND HEALTH COVERAGE › Section 69B-151.006 - Duties of Replacing Agent

Current through Reg. 50, No. 138; July 16, 2024
Where replacement is or may be involved, the agent
				  shall:
(1) Present to the applicant,
				not later than at the time of taking the application, a Form OIR-B2-312 "Notice
				to Applicant Regarding Replacement of Life Insurance" rev. 1-91 as described in
				Exhibit A adopted in rule
				 69B-151.010, F.A.C. The Notice
				must be signed by the applicant and the agent and left with the
				applicant.
(2) Leave with the
				applicant the original or a copy of all Sales Proposals used for presentation
				to the applicant.
(3) Submit to the
				replacing insurer with the application, a completed copy of the Form OIR-B2-312
				"Notice to Applicant Regarding Replacement of Life Insurance" rev. 1-91
				(Exhibit A), adopted in rule
				 69B-151.010, F.A.C., and a copy
				of all Sales Proposals used for presentation to the
				applicant.
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, Amended
					 12-31-15.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-151 - REQUIREMENTS FOR REPLACEMENT OF LIFE AND HEALTH COVERAGE › Section 69B-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 12-31-15.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-151 - REQUIREMENTS FOR REPLACEMENT OF LIFE AND HEALTH COVERAGE › Section 69B-151.010 - Approved Forms

Current through Reg. 50, No. 138; July 16, 2024
The Form OIR-B2-312 "Notice to Applicant Regarding
				  Replacement of Life Insurance," rev. 1-91, set forth in Exhibit A is hereby
				  incorporated by reference and adopted herein. Copies of the above-mentioned
				  form is available to the public through the Office of Insurance Regulation,
				  Bureau of Life and Health Forms and Market Conduct Review, 335 Larson Building,
				  Tallahassee, Florida or
http://www.floir.com
.
Rulemaking Authority
					 624.308,
					 626.9611,
					 626.9641 FS. Law Implemented
					 624.307(1),
					 626.9521,
					 626.9541,
					 626.99
					 FS.
New 7-9-81, Amended 11-5-82, 2-2-83, Formerly 4-24.21,
					 Amended 3-11-91, Formerly 4-24.021, 4-151.010, Amended
					 12-31-15.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-151 - REQUIREMENTS FOR REPLACEMENT OF LIFE AND HEALTH COVERAGE › Section 69B-151.012 - Separability (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 4-24.20, 4-24.020, 4-151.012, Repealed
					 12-31-15.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-151 - REQUIREMENTS FOR REPLACEMENT OF LIFE AND HEALTH COVERAGE › Section 69B-151.101 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
The purpose of these rules is to safeguard the interests of
				  persons covered by accident and health insurance policies or plans who are
				  considering replacement of their insurance by making available to them
				  information regarding replacement, thereby reducing the opportunity for
				  misrepresentation or other unfair practices and methods of competition in the
				  business of insurance.
Rulemaking Authority
					 624.308(1),
					 626.9611,
					 626.9641 FS. Law Implemented
					 624.307(1),
					 626.9521,
					 626.9541,
					 626.9641
					 FS.
New 2-1-79, Formerly 4-44.01, 4-44.001,
					 4-151.101.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-151 - REQUIREMENTS FOR REPLACEMENT OF LIFE AND HEALTH COVERAGE › Section 69B-151.102 - Scope

Current through Reg. 50, No. 138; July 16, 2024
These rules apply to the solicitation of accident and health
				  insurance covering residents of this state. They do not apply to the
				  solicitation of the following accident and health insurance:
(1) Group, blanket or franchise;
(2) Accident only;
(3) Single premium nonrenewable;
(4) Conversion to another individual or
				family policy issued by the same insurer with continuous coverage;
(5) Conversion to an individual or family
				policy from a group, blanket or group type policy; and,
(6) Conversion to a Medicare Supplement
				policy to replace a basic or major-medical accident and health
				policy.
Rulemaking Authority
					 624.308(1),
					 626.9611,
					 626.9641 FS. Law Implemented
					 624.307(1),
					 626.9521,
					 626.9541,
					 626.9641
					 FS.
New 2-1-79, Formerly 4-44.02, 4-44.002,
					 4-151.102.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-151 - REQUIREMENTS FOR REPLACEMENT OF LIFE AND HEALTH COVERAGE › Section 69B-151.103 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
As used in these rules:
(1) "Replacement" is any transaction wherein
				new accident and health insurance is to be purchased and it is known to the
				agent, broker or insurer at the time of application that, as a part of the
				transaction, existing accident and health insurance has been or is to be lapsed
				or the benefits thereof substantially reduced.
(2) "Direct response insurance" is insurance
				issued to an applicant who has completed the application and forwarded it
				directly to the insurer's agent in response to a solicitation coming into the
				applicant's possession by any means of mass communication.
(3) "Continuous coverage" means that the
				benefits are not less than the benefits under the previous policy, and the
				policy also covers loss resulting from injury sustained or sickness contracted
				while coverage was in force under the previous policy to the extent such loss
				is not covered under any extended benefit or similar provision of the previous
				policy.
(4) As used in this rule
				chapter the terms "accident and health insurance," "accident and sickness
				insurance," and "disability insurance" each shall include the
				others.
Rulemaking Authority
					 624.308(1),
					 626.9611,
					 626.9641 FS. Law Implemented
					 624.307(1),
					 626.9521,
					 626.9541,
					 626.9641
					 FS.
New 2-7-79, Formerly 4-44.03, 4-44.003,
					 4-151.103.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-151 - REQUIREMENTS FOR REPLACEMENT OF LIFE AND HEALTH COVERAGE › Section 69B-151.104 - Insurance Application

Current through Reg. 50, No. 138; July 16, 2024
An application form for insurance subject to these rules
				  shall contain a question to elicit information as to whether the insurance to
				  be issued is to replace any insurance presently in force. If replacement of
				  existing coverage is indicated the application shall state the Company name and
				  policy number. A supplementary application or other form to be signed by the
				  applicant and made a part of the company's file containing such a question may
				  be used.
Rulemaking Authority
					 624.308(1),
					 626.9611,
					 626.9641 FS. Law Implemented
					 624.307(1),
					 626.9521,
					 626.9541,
					 626.9641
					 FS.
New 2-1-79, Formerly 4-44.04, 4-44.004,
					 4-151.104.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-151 - REQUIREMENTS FOR REPLACEMENT OF LIFE AND HEALTH COVERAGE › Section 69B-151.105 - Notice Furnished by Forms (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308(1),
					 626.9611,
					 626.9641 FS. Law Implemented
					 624.307(1),
					 626.9521,
					 626.9541,
					 626.9641
					 FS.
New 2-1-79, Formerly 4-44.05, 4-44.005, 4-151.105, Repealed
					 12-31-15.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-151 - REQUIREMENTS FOR REPLACEMENT OF LIFE AND HEALTH COVERAGE › Section 69B-151.106 - Violation (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308(1),
					 626.9611,
					 626.9641 FS. Law Implemented
					 624.307(1),
					 626.9521,
					 626.9541,
					 626.9641
					 FS.
New 2-1-79, Formerly 4-44.06, 4-44.006, 4-151.106, Repealed
					 12-31-15.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-151 - REQUIREMENTS FOR REPLACEMENT OF LIFE AND HEALTH COVERAGE › Section 69B-151.107 - Effective Date (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308(1),
					 626.9611,
					 626.9641 FS. Law Implemented
					 624.307(1),
					 626.9521,
					 626.9541,
					 626.9641
					 FS.
New 2-1-79, Formerly 4-44.07, 4-44.007, 4-151.107, Repealed
					 12-31-15.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-151 - REQUIREMENTS FOR REPLACEMENT OF LIFE AND HEALTH COVERAGE › Section 69B-151.201 - Purpose and Scope

Current through Reg. 50, No. 138; July 16, 2024
(1) The purpose of
				rules  69B-151.201 and
				 69B-151.202, F.A.C., is to
				implement the provisions of section
				 626.9541(1)(aa),
				F.S., with respect to churning rules
				 69B-151.201 and
				 69B-151.202, F.A.C., apply to
				all types of policies and annuity contracts which include a policy value
				feature, irrespective of the marketing method by which such policies or annuity
				contracts are sold.
(2) Rules
				 69B-151.201 and
				 69B-151.202, F.A.C., shall not
				apply to:
(a) Conversions of group or
				individual term policies; or
(b)
				Group permanent life, group variable life, group fixed annuities and group
				variable annuities wherein the group master policyholder retains ownership of
				the contract.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-151 - REQUIREMENTS FOR REPLACEMENT OF LIFE AND HEALTH COVERAGE › Section 69B-151.202 - Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a)
				Forms required to be completed by the insurer by its licensed and appointed
				agent and provided to the applicant prior to or contemporaneous with the time
				the applicant signs any application for the purchase of an additional life
				insurance policy or annuity contract to be funded through the use of values
				accessed in an existing and in-force policy with that same insurer.
(b) The agent is responsible for accurately
				completing any form required for each existing and in-force policy to be
				utilized as a funding source for the purchase of additional insurance
				contract(s). Any required replacement and sales forms must also be completed.
				One copy of any form completed as part of the transaction is to be delivered to
				the policyowner, one copy is to be maintained by the agent, and one copy is to
				be sent to the insurer.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-151 - REQUIREMENTS FOR REPLACEMENT OF LIFE AND HEALTH COVERAGE › Section 69B-151.203 - Adoption of Form OIR-D0-1180 (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 624.308(1), 626.9541(1)(aa)2. FS.,
					 Chapter 95-219, Laws of Florida. Law Implemented
					  624.307(1),
					  626.9541(1)(aa) 
					 FS., Chapter 95-219, Laws of Florida.
New 2-19-96, Formerly 4-151.203, Repealed
					 6-4-18.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-153 - DECEPTIVE INSURANCE PRACTICES › Section 69B-153.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
For purposes of this chapter:
(1) The term "False Claim" means any written
				statement which is a part of or supports a claim for payment or other benefit
				pursuant to an insurance policy or health maintenance organization coverage
				document for commercial or personal insurance or health maintenance
				organization coverage and which is knowingly presented or prepared with
				knowledge or belief that it will be presented to an insurer, health maintenance
				organization, or third party, and which the preparer or presenter knows to
				contain materially false information or omissions, as part of or in support of
				or concerning that claim.
(2) The
				term "claimant" includes but is not limited to a patient, a health care
				provider to whom, or a health care facility to which the patient has either
				assigned his claim for payment or is otherwise entitled to care under a health
				maintenance organization coverage document.
(3) The term "Health Care Provider" means a
				physician or any recognized practitioner who provided skilled services pursuant
				to the prescription of or under the supervision or direction of a
				physician.
(4) The term "Health
				Care Facility" means any hospital licensed under chapter 395, F.S., and any
				health care institution licensed under chapter 400, F.S.
(5) The term "Pre-provision of services
				agreement" means an agreement made or understood to exist in advance of the
				provision of health care services between the health care provider or health
				care facility and the patient to waive in whole or in part that patient's
				payment of the co-payment or deductible amount provided for in the contractual
				agreement otherwise known as the "policy," or "health maintenance organization
				coverage document" between the patient and the insurer, health maintenance
				organization or third party, or an agreement to give the patient a discount for
				the immediate payment of fees for services rendered.
(6) The term "Third Party" means any
				individual who, or entity which, collects premiums, assumes financial risks,
				pays claims, or provides administrative services relative to any insurance
				policy, insurance contract, health prepayment contract, health car plan,
				nonprofit health care plan, nonprofit health service plan contract, or employee
				welfare plan.
(7) The term
				"insurer, health maintenance organization, or third party" as used in this rule
				does not include any federally-funded programs, such as Medicare and CHAMPUS or
				any state-funded programs for the medically indigent or disabled, such as
				Medicaid, or the agents, contractors, or administrators of these
				federally-funded or state-funded programs.
Rulemaking Authority
					 626.9611,
					 641.36 FS. Law Implemented
					 624.307(1),
					 626.9541(1)(u),
					 641.3903(11)
					 FS.
New 2-28-90, Formerly 4-86.001,
					 4-153.001.