Current through Reg. 50, No. 187; September 24, 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.
(2) In addition to
the practices prohibited in section
626.9541, F.S., the following
acts and practices are prohibited:
(a)
Twisting. Knowingly making any misleading representation or incomplete or
fraudulent comparison of any insurance policies or insurers for the purpose of
inducing, or tending to induce, any person to lapse, forfeit, surrender,
terminate, retain, pledge, assign, borrow on, or convert any insurance policy
or to take out a policy of insurance with another insurer.
(b) High pressure tactics. Employing any
method of marketing having the effect of or tending to induce the purchase of
insurance through force, fright, threat, whether explicit or implied, or undue
pressure to purchase or recommend the purchase of insurance.
(c) Cold lead advertising. Making use
directly or indirectly of any method of marketing which fails to disclose in a
conspicuous manner that a purpose of the method of marketing is solicitation of
insurance and that contact will be made by an insurance agent or insurance
company.
(3) The terms
"Medicare Supplement," "Medigap," "Medicare Wrap-Around" and words of similar
import shall not be used unless the policy is issued in compliance with this
rule chapter.
(4) Health
maintenance organizations shall also have their standards of marketing comply
with rule 69O-191.057,
F.A.C.
Rulemaking Authority
627.674 FS. Law Implemented
627.6743
FS.
New 12-9-90, Formerly 4-51.018, Amended 1-1-92, Formerly
4-156.016.
