reglab/statecodes huggingface dataset:
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-153 - DECEPTIVE INSURANCE PRACTICES › Section 69B-153.002 - Deceptive Acts or Practices

Current through Reg. 50, No. 138; July 16, 2024
The preparation of a false claim for presentation to an
				  insurer, health maintenance organization, or third party and the presentation
				  of a false claim to an insurer, health maintenance organization, or third party
				  by an agent, physician, claimant or other person are deceptive acts or
				  practices involving the business of insurance prohibited by the Insurance
				  Code.
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 4-86.002,
					 4-153.002.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-153 - DECEPTIVE INSURANCE PRACTICES › Section 69B-153.003 - Example of a False Claim

Current through Reg. 50, No. 138; July 16, 2024
The submission or presentation for payment to an insurer,
				  health maintenance organization or third party of a claim form, bill, or other
				  statement for services rendered, prepared or signed by a health care provider
				  or health care facility which does not disclose a pre-provision of services
				  agreement between the health care provider or health care facility and the
				  patient to accept less for the health care services rendered than is reflected
				  on the claim form, bill or statement is an example of a false claim. The
				  submission of a claim form, bill or other statement shall not be considered a
				  false claim merely because the application of a federal or state statutory
				  sliding-scale fee or other federal or state mandated statutory discount for
				  health care services rendered has not been disclosed. The submission of a claim
				  form, bill or other statement shall, also, not be considered a false claim
				  because of failure to disclose the forgiveness or writing-off of all or any
				  portion of the unpaid deductible portion of the patient's bill after reasonable
				  collection efforts have been made. The disclosure of the existence of a
				  pre-provision of services agreement in accordance with rule
				   69O-153.004, F.A.C., neither
				  precludes nor requires an insurer, health maintenance organization, or other
				  third party from considering that agreement in determining the actual or usual
				  and customary charge under the terms of the insurance policy, or health
				  maintenance organization coverage document.
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 4-86.003,
					 4-153.003.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-156 - MEDICARE SUPPLEMENT INSURANCE › Section 69B-156.013 - Permitted Compensation Arrangements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 627.6742(1) FS.
					 Law Implemented 627.6742
					 FS.
New 12-9-90, Formerly 4-51.022, Amended 1-1-92, Formerly
					 4-156.013, Repealed 11-11-18.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-156 - MEDICARE SUPPLEMENT INSURANCE › Section 69B-156.014 - Required Disclosure Provisions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308(1),
					 627.674(2) FS.
					 Law Implemented 624.307(1),
					 627.674
					 FS.
New 1-1-81, Formerly 4-51.06, Amended 9-4-89, 3-13-90,
					 12-9-90, Formerly 4-51.006, Amended 1-1-92, 7-14-96, 12-17-96, 7-26-99,
					 Formerly 4-156.014, Repealed 11-11-18.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-156 - MEDICARE SUPPLEMENT INSURANCE › Section 69B-156.015 - Requirements for Application Forms and Replacement Coverage (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308(1),
					 627.674(2) FS.
					 Law Implemented 624.307(1),
					 627.674
					 FS.
New 1-1-81, Formerly 4-51.07, Amended 9-4-89, 12-9-90,
					 Formerly 4-51.007, Amended 1-1-92, 7-14-96, Formerly 4-156.015, Repealed
					 11-11-18.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-156 - MEDICARE SUPPLEMENT INSURANCE › Section 69B-156.016 - Standards for Marketing

Current through Reg. 50, No. 138; July 16, 2024
(1) An issuer,
				directly or through its producers, shall:
(a)
				Establish marketing procedures to assure that any comparison of policies by its
				agents or other producers will be fair and accurate.
(b) Establish marketing procedures to assure
				excessive insurance is not sold or issued.
(c) Display prominently by type, stamp or
				other appropriate means, on the first page of the policy the following: "Notice
				to buyer: This policy may not cover all of your medical expenses."
(d) Inquire and otherwise make every
				reasonable effort to identify whether a prospective applicant or enrollee for
				Medicare supplement insurance already has accident and sickness insurance and
				the types and amounts of any such insurance.
(e) Establish auditable procedures for
				verifying compliance with subsection
				 69B-156.016(1),
				F.A.C.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-156 - MEDICARE SUPPLEMENT INSURANCE › Section 69B-156.017 - Appropriateness of Recommended Purchase and Excessive Insurance

Current through Reg. 50, No. 138; July 16, 2024
(1) In recommending the purchase or
				replacement of any Medicare supplement policy or certificate an agent shall
				make reasonable efforts to determine the appropriateness of a recommended
				purchase or replacement.
(2) Any
				sale of Medicare supplement coverage that will provide an individual with more
				than one Medicare supplement policy or certificate is
				prohibited.
Rulemaking Authority
					 627.674 FS. Law Implemented
					 627.6744
					 FS.
New 12-9-90, Formerly 4-51.019, Amended 1-1-92, Formerly
					 4-156.017.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-156 - MEDICARE SUPPLEMENT INSURANCE › Section 69B-156.050 - Separability (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308(1) FS.
					 Law Implemented 624.307(1), 627, Part VIII
					 FS.
New 12-9-90, Formerly 4-51.030, 4-156.050, Repealed
					 11-11-18.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-156 - MEDICARE SUPPLEMENT INSURANCE › Section 69B-156.101 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
The purpose of these rules is to provide prospective
				  purchasers with clear and unambiguous statements in the advertisement and
				  direct solicitation and sale of Medicare Supplement Insurance, and to assure
				  the clear and truthful disclosure of the benefits, limitations and exclusions
				  of policies sold as Medicare Supplement Insurance. This purpose is intended to
				  be accomplished by the establishment of guidelines and standards of permissible
				  and impermissible conduct in the advertising of Medicare Supplement Insurance
				  to assure that product descriptions are presented in a manner which prevents
				  unfair, deceptive and misleading advertising and is conducive to accurate
				  presentation and description of Medicare Supplement Insurance to the segment of
				  the insurance buying public through the advertising media and material used by
				  insurance agents and companies.
Rulemaking Authority
					 624.308(1),
					 626.9611 FS. Law Implemented
					 624.307(1),
					 626.830,
					 626.9541(1)(a), (b), (e), (k),
					 (l),
					 626.9641(1)
					 FS.
New 7-1-79, Formerly 4-46.01, Amended 6-12-88, Formerly
					 4-46.001, 4-156.101.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-156 - MEDICARE SUPPLEMENT INSURANCE › Section 69B-156.102 - Applicability

Current through Reg. 50, No. 138; July 16, 2024
(1) These rules shall apply to any Medicare
				Supplement Insurance "advertisement" or direct solicitation and sale made or
				disseminated in this State which the insurer knows or reasonably should know is
				intended for presentation, distribution or dissemination in this State when
				such presentation, distribution or dissemination is made either directly by an
				insurer or indirectly on behalf of an insurer, by an agent, broker, producer or
				solicitor or any other person who has either actual or apparent authority to
				act on behalf of the insurer; provided the insurer shall not be responsible for
				advertisements that are published in violation of written procedures or
				guidelines of the insurer.
(2)
				Every insurer shall establish and at all times maintain a system of control
				over the content, form, and method of dissemination of all of its Medicare
				Supplement Insurance advertisements. All such advertisements, regardless of by
				whom written, created, designed or presented, shall be the responsibility of
				the insurers benefiting directly or indirectly from their dissemination;
				provided the insurer shall not be responsible for advertisements that are
				published in violation of written procedures or guidelines of the
				insurer.
(3) Advertising materials
				which are reproduced in quantity shall be identified by form numbers or other
				identifying means. Such identification shall be sufficient to distinguish an
				advertisement from any other advertising materials, policies, applications or
				other materials used by the insurer.
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 4-46.0021,
					 4-156.102.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-156 - MEDICARE SUPPLEMENT INSURANCE › Section 69B-156.103 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
For the purpose of these rules, the terms below are defined
				  as follows:
(1) An "Advertisement"
				includes:
(a) Printed and published material,
				audio visual material and descriptive literature used by or on behalf of an
				insurer in direct mail, newspapers, magazines, radio scripts, TV scripts,
				billboards, and similar displays; and,
(b) Descriptive literature and sales aids of
				all kinds issued by an insurer, agent, producer, broker, or solicitor or any
				other person who has either actual or apparent authority to act on behalf of
				the insurer for presentation to members of the insurance buying public,
				including, but not limited to, circulars, leaflets, booklets, depictions,
				illustrations, form letters, and lead-generating devices as herein defined;
				and,
(c) Prepared sales talks,
				presentations, and material for use by agents, brokers, producers, solicitors,
				announcers, celebrities, and other persons, whether prepared by agents,
				brokers, producers, solicitors, announcers, spokesperson, celebrities, or any
				other person who has either actual or apparent authority to act on behalf of
				the insurer; and,
(d) Advertising
				material included with a policy when the policy is delivered and material used
				in the solicitation of any policy.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-156 - MEDICARE SUPPLEMENT INSURANCE › Section 69B-156.104 - 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
				  such information relates or under appropriate captions of such prominence that
				  it shall not be minimized, rendered obscure or presented in an ambiguous manner
				  or fashion or intermingled with the context of the advertisement so as to be
				  confusing or misleading.
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 4-46.0023,
					 4-156.104.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-156 - MEDICARE SUPPLEMENT INSURANCE › Section 69B-156.105 - Unfair or Deceptive Acts or Practices Defined

Current through Reg. 50, No. 138; July 16, 2024
It shall be deemed an unfair or deceptive act or practice in
				  the direct solicitation or sale of Medicare supplement insurance policies,
				  to:
(1) Make any representation by an
				agent to the effect that such person is a "Counselor," "Advisor" or similar
				designation, for any association or group of Medicare eligible persons, which
				fails to reflect the actual role of such agent with respect to the solicitation
				or sale of such insurance.
(2) Make
				any misrepresentation or incomplete comparison by the insurance company or
				agent, by commission or omission, for the purpose of inducing or which would
				reasonably be expected to induce Medicare eligible persons to purchase, amend,
				lapse, forfeit, non-renew, change, duplicate coverage already in force, replace
				a policy that is only technically at variance with the policy or policies being
				offered, or otherwise surrender existing insurance.
(3) Do any act which causes an applicant to
				sign any form, application or document in blank.
(4) Use any sales material or presentation
				which does not disclose that an insurance product is involved.
(5) Effect the sale of Medicare supplemental
				insurance to any person not eligible for the Medicare
				Program.
Rulemaking Authority
					 624.308(1),
					 626.9611 FS. Law Implemented
					 624.307(1),
					 626.830,
					 626.9541(1)(a), (b), (e), (k),
					 (l),
					 626.9641(1)
					 FS.
New 7-1-79, Formerly 4-46.03, Amended 6-12-88, Formerly
					 4-46.003, 4-156.105.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-156 - MEDICARE SUPPLEMENT INSURANCE › Section 69B-156.106 - Certification Form Required (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),
					 626.830,
					 626.9541(1), (2), (3), (5), (11),
					 (12),
					 626.9641(1)(a), (c), (e),
					 (h)
					 FS.
New 7-1-79, Formerly 4-46.04, 4-46.004, 4-156.106, Repealed
					 11-15-22.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-156 - MEDICARE SUPPLEMENT INSURANCE › Section 69B-156.107 - Form and Content of Advertisements

Current through Reg. 50, No. 138; July 16, 2024
(1)
				The form and content of a Medicare Supplement Insurance 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 Department 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) An insurer must clearly identify its
				Medicare Supplement Insurance policy as an insurance policy. With respect to
				any product first filed to be offered to Florida residents on or after the
				effective date of these rules, a policy trade name must be followed by the
				words "Insurance Policy" or similar words clearly identifying the fact that an
				insurance policy is being offered.
(4) No insurer, agent, broker, producer,
				solicitor or other person shall solicit a resident of this State for the
				purchase of Medicare Supplement Insurance in connection with or as the result
				of the use of any advertisement which:
(a)
				Contains any misleading representations, misrepresentations, or is otherwise
				untrue, deceptive or misleading with regard to the information imparted, the
				status, character or representative capacity of such person or the true purpose
				of the advertisement; or
(b)
				Otherwise violates the provisions of these rules; or
(c) Otherwise violates the provisions of the
				Florida Insurance Code.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-156 - MEDICARE SUPPLEMENT INSURANCE › Section 69B-156.108 - Advertisements of Benefits Payable, Losses Covered or Premiums Payable

Current through Reg. 50, No. 138; July 16, 2024
(1) Deceptive Words, Phrases, or
				Illustrations Prohibited.
(a) No advertisement
				shall omit information or use words, phrases, statements, references or
				illustrations if the omission of such information or use of such words,
				phrases, statements, references, or illustrations has the capacity, tendency,
				or effect of misleading or deceiving purchasers or prospective purchasers as to
				the nature or extent of any policy benefit payable, loss covered or premium
				payable. The fact that the policy offered is made available to a prospective
				insured for inspection prior to consummation of the sale or an offer is made to
				refund the premium if the purchaser is not satisfied, does not remedy
				misleading statements.
(b) No
				advertisement shall contain or use words or phrases such as "all," "full,"
				"complete," "comprehensive," "unlimited," "up to," "as high as," "this policy
				will help pay your hospital and surgical bills," "this policy will help fill
				some of the gaps that Medicare and your present insurance leave out," or
				similar words and phrases, in a manner which exaggerates any benefits beyond
				the terms of the policy.
(c) An
				advertisement which also is an invitation to join an association, trust, or
				discretionary group must solicit insurance coverage on a separate and distinct
				application which requires signatures for each application. The insurance
				program must be presented so as not to mislead or deceive the prospective
				members regarding the fact that they are purchasing insurance as well as
				applying for membership, if that is the case.
(d) An advertisement shall not contain
				descriptions of policy limitations, exceptions, or reductions, worded in a
				positive manner to imply that it is a benefit, such as describing a waiting
				period as a "benefit builder" or stating "even pre-existing conditions are
				covered after a limited period of time." Words and phrases used in an
				advertisement to describe such policy limitations, exceptions and reductions
				shall fairly and accurately describe the negative features of such limitations,
				exceptions, or reductions of the policy offered.
(e) An advertisement of medicare supplement
				insurance sold by direct response shall not use the phrases, "no salesman will
				call," or "no agent will call," or "by eliminating the agent and/or commission
				we can offer this low cost plan" or similar wording in a misleading
				manner.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-156 - MEDICARE SUPPLEMENT INSURANCE › Section 69B-156.109 - 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 4-46.008,
					 4-156.109.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-156 - MEDICARE SUPPLEMENT INSURANCE › Section 69B-156.110 - Testimonials or Endorsements by Third Parties (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308(1),
					 626.9611 FS. Law Implemented
					 624.307(1),
					 626.062,
					 626.830,
					 626.9541(1)(a), (b), (e), (k),
					 (l),
					 626.9641(1)
					 FS.
New 6-12-88, Formerly 4-46.009, 4-156.110, Repealed
					 11-15-22.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-156 - MEDICARE SUPPLEMENT INSURANCE › Section 69B-156.111 - 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, 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 a 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 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-156 - MEDICARE SUPPLEMENT INSURANCE › Section 69B-156.112 - Identification of Plan or Number of Policies

Current through Reg. 50, No. 138; July 16, 2024
When a choice of the amount of benefits is referred to, an
				  advertisement 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(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 4-46.011,
					 4-156.112.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-156 - MEDICARE SUPPLEMENT INSURANCE › Section 69B-156.113 - 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 coverages.
(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 6-12-88, Formerly 4-46.012,
					 4-156.113.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-156 - MEDICARE SUPPLEMENT INSURANCE › Section 69B-156.114 - 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 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 mislead with respect to the nature or extent of such
				relationship.
(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)(a), (c), (e),
					 (h)
					 FS.
New 6-12-88, Formerly 4-46.013,
					 4-156.114.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-156 - MEDICARE SUPPLEMENT INSURANCE › Section 69B-156.115 - Identity of Insurer

Current through Reg. 50, No. 138; July 16, 2024
(1) The name of the
				actual insurer shall be stated in all of its advertisements. The form number or
				numbers of the policy advertised shall be stated in any invitation to contract.
				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, service mark, slogan, symbol or other device which would have the
				capacity and tendency to mislead or deceive as to the true identity of the
				insurer.
(2) No advertisement shall
				use any combination of words, symbols, or physical materials which by their
				content, phraseology, shape, color or other characteristics are so similar to
				combination of words, symbols, or physical materials used by agencies of the
				federal government or of this State, or otherwise appear to be of such a nature
				that it tends to confuse or mislead prospective insureds into believing that
				the solicitation is in some manner connected with an agency of the municipal,
				county, state, or federal 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.
(3) Advertisements, envelopes, or stationery
				which utilize words, letters, initials, symbols, or other devices which are so
				similar to those used by governmental agencies or other insurers are not
				permitted if they may tend to mislead or confuse the public into believing:
(a) That the advertised coverages are somehow
				provided by or are endorsed by such governmental agencies or such other
				insurers; or
(b) That the
				advertiser is the same as, is connected with, or is endorsed by such
				governmental agencies or such other insurers.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-156 - MEDICARE SUPPLEMENT INSURANCE › Section 69B-156.116 - Group or Quasi-Group Implications

Current through Reg. 50, No. 138; July 16, 2024
(1)
				An advertisement of a particular policy shall not state or imply that
				prospective insureds become group or quasi-group members covered under a group
				policy and as such enjoy special rates or underwriting privileges, unless such
				is the fact.
(2) No solicitation of
				a particular class, such as governmental employees, shall state or imply that
				the 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 6-12-88, Formerly 4-46.015,
					 4-156.116.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-156 - MEDICARE SUPPLEMENT INSURANCE › Section 69B-156.118 - Statements About an Insurer

Current through Reg. 50, No. 138; July 16, 2024
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. An advertisement shall not contain a
				  recommendation by any commercial rating system unless it clearly indicates the
				  purpose of the recommendation and the limitations of the scope and extent of
				  the recommendation.
Rulemaking Authority
					 624.308(1),
					 626.9611 FS. Law Implemented
					 624.307(1),
					 626.830,
					 626.9541(1)(a), (b), (e), (k),
					 (l),
					 626.9641(1)
					 FS.
New 6-12-88, Formerly 4-46.017,
					 4-156.118.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-156 - MEDICARE SUPPLEMENT INSURANCE › Section 69B-156.119 - Application in Advertisement (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308(1),
					 626.9611 FS. Law Implemented
					 624.307(1),
					 624.428,
					 626.830,
					 626.9541(1)(a), (b), (c), (e), (k),
					 (l),
					 626.9641(1),
					 627.6515(6)
					 FS.
New 6-12-88, Formerly 4-46.018, 4-156.119, Repealed
					 12-29-11.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-156 - MEDICARE SUPPLEMENT INSURANCE › Section 69B-156.120 - Enforcement Procedures (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308(1),
					 626.9611 FS. Law Implemented
					 624.307(1),
					 624.317,
					 626.9541(1)(a), (b), (e), (k),
					 (l),
					 626.9641(1)
					 FS.
New 6-12-88, Formerly 4-46.019, 4-156.120, Repealed
					 12-29-11.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-156 - MEDICARE SUPPLEMENT INSURANCE › Section 69B-156.121 - Filing for Review (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308(1),
					 626.9611,
					 627.6735 FS. Law Implemented
					 624.307(1),
					 626.9541(1)(a), (b), (e), (k),
					 (l),
					 626.9641(1),
					 627.6735
					 FS.
New 6-12-88, Amended 9-4-89, Formerly 4-46.020, 4-156.121,
					 Repealed 12-29-11.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-156 - MEDICARE SUPPLEMENT INSURANCE › Section 69B-156.122 - Severability

Current through Reg. 50, No. 138; July 16, 2024
If any section or portion of a section of these rules or any
				  amendments 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 6-12-88, Formerly 4-46.021,
					 4-156.122.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-156 - MEDICARE SUPPLEMENT INSURANCE › Section 69B-156.123 - Prior Rules (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
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 4-46.022, 4-156.123, Repealed
					 11-11-18.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-157 - LONG-TERM CARE INSURANCE › Section 69B-157.003 - Definition of Terms (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308(1),
					 627.9407(1) FS.
					 Law Implemented 624.307(1),
					 627.9407
					 FS.
New 5-17-89, Formerly 4-81.003, 4-157.003, Repealed
					 1-18-12.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-157 - LONG-TERM CARE INSURANCE › Section 69B-157.023 - Reporting (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308(1),
					 627.9407(1),
					 627.9408 FS. Law Implemented
					 624.307(1),
					 627.9402,
					 627.9407(1),
					 627.410(7)
					 FS.
New 1-13-03, Formerly 4-157.023, Repealed
					 11-11-18.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-157 - LONG-TERM CARE INSURANCE › Section 69B-157.101 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308(1),
					 627.9407(1), (2),
					 (6),
					 627.9408 FS. Law Implemented
					  624.307(1),
					  627.9402,
					  627.9407(1) 
					 FS.
New 1-13-03, Formerly 4-157.101, Repealed
					 11-11-18.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-157 - LONG-TERM CARE INSURANCE › Section 69B-157.102 - Applicability and Scope (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308(1),
					 627.9407(1),
					 627.9408 FS. Law Implemented
					 624.307(1),
					 627.9403,
					 627.9406
					 FS.
New 1-13-03, Formerly 4-157.102, Repealed
					 11-11-18.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-157 - LONG-TERM CARE INSURANCE › Section 69B-157.103 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308(1),
					 626.9611,
					 627.9407(1),
					 627.9408 FS. Law Implemented
					  624.307(1),
					  626.9541,
					  627.9407(1) 
					 FS.
New 1-13-03, Formerly 4-157.103, Repealed
					 11-11-18.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-157 - LONG-TERM CARE INSURANCE › Section 69B-157.104 - Policy Practices and Provisions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308(1),
					 627.9407(1),
					 (6),
					 627.9408 FS. Law Implemented
					  624.307(1),
					  627.410(6),
					  627.603,
					  627.646,
					  627.9402,
					  627.9405(2),
					  627.9407 FS.
New 1-13-03, Formerly 4-157.104, Repealed
					 1-18-12.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-157 - LONG-TERM CARE INSURANCE › Section 69B-157.105 - Refund of Premium (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308(1),
					 627.9407(1),
					 (6),
					 627.9408 FS. Law Implemented
					  624.307(1),
					  627.6043,
					  627.6645,
					  627.9407 FS.
New 1-13-03, Formerly 4-157.105, Repealed
					 1-18-12.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-157 - LONG-TERM CARE INSURANCE › Section 69B-157.106 - Required Disclosure Provisions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308(1),
					 627.9407(1),
					 627.9408 FS. Law Implemented
					 624.307(1),
					 627.6044,
					 627.9402,
					 627.9407,
					 627.94074
					 FS.
New 1-13-03, Formerly 4-157.106, Repealed
					 1-18-12.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-157 - LONG-TERM CARE INSURANCE › Section 69B-157.107 - Required Disclosure of Rating Practices to Consumers (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308(1),
					 627.9407(1),
					 626.9611 FS. Law Implemented
					 624.307(1),
					 626.9541(1)(a), (b),
					 (k),
					 627.9402,
					 627.9407(1),
					 627.9408
					 FS.
New 1-13-03, Formerly 4-157.108, Repealed
					 1-18-12.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-157 - LONG-TERM CARE INSURANCE › Section 69B-157.109 - Prohibition Against Post-Claims Underwriting (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308(1),
					 626.9611,
					 627.9407(1),
					 627.9408 FS. Law Implemented
					  624.307(1),
					  626.9541(1)(a), (g), (i),
					 (k),
					  627.9402,
					  627.9407(1),
					  627.9408 FS.
New 1-13-03, Formerly 4-157.109, Repealed
					 1-18-12.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-157 - LONG-TERM CARE INSURANCE › Section 69B-157.110 - Requirements for Application Forms and Replacement Coverage

Current through Reg. 50, No. 138; July 16, 2024
(1) Application forms shall include the
				following questions designed to elicit information as to whether, as of the
				date of the application, the applicant has another long-term care insurance
				policy or certificate in force or whether a long-term care policy or
				certificate is intended to replace any other accident and sickness or long-term
				care policy or certificate presently in force. A supplementary application or
				other form to be signed by the applicant and agent containing the questions may
				be used. With regard to a replacement policy issued to a group defined by
				section  627.9405(1)(a),
				F.S., the following questions may be modified only to the extent necessary to
				elicit information about health or long-term care insurance policies other than
				the group policy being replaced, provided that the certificateholder has been
				notified of the replacement.
(a) Do you have
				another long-term care insurance policy or certificate in force (including
				health care service contract, health maintenance organization
				contract)?
(b) Did you have another
				long-term care insurance policy or certificate in force during the last 12
				months?
1. If so, with which
				company?
2. If that policy lapsed,
				when did it lapse?
(c)
				Are you covered by Medicaid?
(d) Do
				you intend to replace any of your medical or health insurance coverage with
				this policy [certificate]?
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-157 - LONG-TERM CARE INSURANCE › Section 69B-157.111 - Reporting Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308(1),
					 627.9407(1),
					 627.9408 FS. Law Implemented
					 624.307(1),
					 627.9402,
					 627.9407(1),
					 627.410(7)
					 FS.
New 1-13-03, Formerly 4-157.111, Repealed
					 1-18-12.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-157 - LONG-TERM CARE INSURANCE › Section 69B-157.114 - Filing Requirement - Out of State Groups (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308(1),
					 627.9407(1),
					 627.9408 FS. Law Implemented
					 624.307(1),
					 627.410,
					 627.9402,
					 627.9406,
					 627.9407(1), (3), (4), (8),
					 (9),
					 627.9408
					 FS.
New 1-13-03, Formerly 4-157.114, Repealed
					 1-18-12.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-157 - LONG-TERM CARE INSURANCE › Section 69B-157.116 - Suitability

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule shall not apply to life
				insurance policies that accelerate benefits for long-term care.
(2) Every insurer, health care service plan,
				or other entity marketing long-term care insurance (the "insurer") shall:
(a) Develop and use suitability standards to
				determine whether the purchase or replacement of long-term care insurance is
				appropriate for the needs of the applicant;
(b) Train its agents in the use of its
				suitability standards; and,
(c)
				Maintain a copy of its suitability standards and make them available for
				inspection upon request by the Office of Insurance
				Regulation.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-157 - LONG-TERM CARE INSURANCE › Section 69B-157.118 - Nonforfeiture Benefit Requirement (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308(1),
					 627.9407(1),
					 627.9408 FS. Law Implemented
					 624.307(1),
					 627.410(6),
					 627.9402,
					 627.9407,
					 627.94072
					 FS.
New 1-13-03, Formerly 4-157.118, Repealed
					 1-18-12.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-157 - LONG-TERM CARE INSURANCE › Section 69B-157.120 - Standard Format Outline of Coverage (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 624.308(1),
					 627.9407(1),
					 627.9408 FS. Law Implemented
					 624.307(1),
					 627.9402,
					 627.9407
					 FS.
New 1-13-03, Formerly 4-157.120, Repealed
					 1-18-12.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-157 - LONG-TERM CARE INSURANCE › Section 69B-157.121 - Requirement to Deliver Shopper's Guide

Current through Reg. 50, No. 138; July 16, 2024
(1) A long-term care insurance shopper's
				guide in the format developed by the National Association of Insurance
				Commissioners (2001), which is incorporated herein by reference, or a guide
				developed by the Office of Insurance Regulation, shall be provided to all
				prospective applicants of a long-term care insurance policy or certificate.
(a) An agent shall deliver the shopper's
				guide prior to the presentation of an application or enrollment form.
(b) In the case of direct response
				solicitations, the shopper's guide shall be presented in conjunction with any
				application or enrollment form.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-157 - LONG-TERM CARE INSURANCE › Section 69B-157.122 - Penalties

Current through Reg. 50, No. 138; July 16, 2024
In addition to any other penalties provided by the laws of
				  this state, any insurer and any agent found to have violated any requirement of
				  this state relating to the regulation of long-term care insurance or the
				  marketing of such insurance shall be subject to a fine of up to 3 times the
				  amount of any commissions paid for each policy involved in the violation or up
				  to $10,000, whichever is greater, however, such penalty shall not exceed the
				  amounts specified in sections
				   624.4211 or
				   626.9521(2),
				  F.S.
Rulemaking Authority
					 624.308(1),
					 626.9611,
					 627.9407(1),
					 627.9408 FS. Law Implemented
					  624.307(1),
					  626.9521,
					  627.9402 FS.
New 1-13-03, Formerly
					 4-157.122.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-162 - ANNUITY CONTRACTS › Section 69B-162.009 - Licensing of Agents (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 627.805 FS. Law Implemented
					 626.221,
					 626.241
					 FS.
New 12-24-74, Formerly 4-10.09, 4-10.009, 4-162.009,
					 Repealed 1-29-12.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-162 - ANNUITY CONTRACTS › Section 69B-162.010 - Selling Methods and Advertising

Current through Reg. 50, No. 138; July 16, 2024
(1)
				All companies authorized to issue and deliver contracts on a variable basis,
				all contracts, certificates and other forms in connection therewith, and all
				agents and other representatives are subject to the provisions of chapter 626,
				part IX, F.S.
(2) Illustration of
				benefits payable under any variable annuity contract shall not involve
				projections of past investment experience into the future or attempted
				predictions of future investment experience.
(3) No advertising, sales literature, or
				sales presentation for contracts on a variable basis shall be misleading,
				deceptive or inadequate in any way.
Rulemaking Authority
					 627.805 FS. Law Implemented
					 626.9521,
					 626.9541
					 FS.
New 12-24-74, Formerly 4-10.10, 4-10.010,
					 4-162.010.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69B - Division of Insurance Agent and Agency Services › Chapter 69B-162 - ANNUITY CONTRACTS › Section 69B-162.011 - Suitability and Disclosure in Annuity Investments - Forms Required

Current through Reg. 50, No. 138; July 16, 2024
(1) Pursuant to section
				 627.4554, Florida Statutes
				(F.S.), the following forms are incorporated by reference and available from
				the Office of Insurance Regulation of the Financial Services Commission's
				website at
https://floir.com/life-health/annuities
:
(a) Appendix A - Insurance Agent (Producer)
				Disclosure for Annuities, DFS-H1-1990, effective 05/24, which is also available
				at
http://www.flrules.org/Gateway/reference.asp?No=Ref-16581
;
(b) Appendix B - Consumer Refusal to Provide
				Information, DFS- H1-1991, effective 05/24, which is also available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-16582
;
				and
(c) Appendix C - Consumer
				Decision to Purchase an Annuity Not Based on a Recommendation, DFS-H1-1992,
				effective 05/24, which is also available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-16583
.