Mississippi Administrative Code › Title 19 - Department of Insurance › Part 3 - Accident and Health › Chapter 5 - (LA&H 74-3) Advertisement of Accident and Health Insurance › Rule 19-3-5.06 - Advertisements Of Benefits Payable, Losses Covered Or Premiums Payable

Current through June 25, 2024
A.
Deceptive Words, Phrases Or
				Illustrations Prohibited
.
1. No
				advertisement shall omit information or use word, 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.
2. 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"; "this
				policy will help replace your income"(when used to express loss of time
				benefits);or similar words and phrases, in a manner which exaggerates any
				benefits beyond the terms of the policy.
3. An advertisement shall not contain
				descriptions of a policy limitation, exception or reduction, 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 two years". 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 and
				reductions of the policy offered.
4. No advertisement of a benefit for which
				payment is conditional upon confinement in a hospital or similar facility shall
				use words or phrases such as "tax free"; "extra cash"; "extra income"; extra
				pay"; or substantially similar words or phrases because such words and phrases
				have the capacity, tendency or effect of misleading the public into believing
				that the policy advertised will, in some way, enable them to make a profit from
				being hospitalized.
5. No
				advertisement of a hospital or other similar facility confinement benefit shall
				advertise that the amount of the benefit is payable on a monthly or weekly
				basis when, in fact, the amount of the benefit payable is based upon a daily
				pro rata basis relating to the number of days of confinement. When the policy
				contains a limit on the number of days of coverage provided, such limit must
				appear in the advertisement.
6. No
				advertisement of a policy covering only one disease or a list of specified
				diseases shall imply coverage beyond the terms of the policy. Synonymous terms
				shall not be used to refer to any disease so as to imply broader coverage than
				is the fact.
7. An advertisement
				for a policy providing benefits for specified illnesses only, such as cancer,
				or for specified accidents only, such as automobile accidents, shall clearly
				and conspicuously in prominent type state the limited nature of the policy. The
				statement shall be worded in language identical to, or substantially similar to
				the following: "THIS IS A LIMITED POLICY"; "THIS IS A CANCER ONLY POLICY";"THIS
				IS AN AUTOMOBILE ACCIDENT ONLY POLICY,"
8. An advertisement of a direct response
				insurance product shall not imply that because "no insurance agent will call
				and no commissions will be paid to agents" that it is "a low cost plan", or use
				other similar words or phrases because the cost of advertising and servicing
				such policies is a substantial cost in the marketing of a direct response
				insurance product.