Current through Reg. 50, No. 187; September 24, 2024
(1)
(a)
Testimonials and endorsements used in marketing communications must:
1. Be genuine;
2. Represent the current opinion of the
author;
3. Be applicable to the
health benefit plan marketed; and,
4. Be accurately
reproduced.
(b) The small
employer carrier in using a testimonial or endorsement makes as its own all the
statements contained therein, and the marketing communication, including the
statement, is subject to these rules.
(c) When a testimonial or endorsement is used
more than one year after it was originally given, a confirmation must be
obtained.
(2) A person
shall be deemed a "spokesperson" if the person making the testimonial or
endorsement:
(a) Has a financial interest in
the small employer carrier or a related entity as a stockholder, director,
officer, employee, or otherwise;
(b) Is an entity formed by the small employer
carrier, is owned or controlled by the small employer carrier, its employees,
or the person or persons who own or control the small employer
carrier;
(c) Is in a policy-making
position that is affiliated with the small employer carrier in any of the above
described capacities; or
(d) Is in
any way directly or indirectly compensated for making a testimonial or
endorsement.
(3) Any
person acting as a spokesperson as defined in the preceding paragraph who
performs any of the following acts in a marketing communication shall be
considered to be soliciting a health benefit plan, and shall be a licensed
insurance agent pursuant to the Florida Insurance Code:
(a) Solicits insurance or procures
applications;
(b) Engages or holds
himself out as engaging in the business of analyzing or abstracting insurance
policies or plans;
(c) Engages in
counseling, advising, or giving opinions to persons relative to insurance
contracts or plans; or
(d) Performs
an invitation to contract, except where performed by a company officer in a
manner that does not violate section
626.112(4),
F.S.
(4)
(a) The financial interest or proprietary or
representative capacity of a spokesperson shall be disclosed in a marketing
communication in the introductory portion of the testimonial or endorsement in
the same form and with equal prominence.
(b) If a spokesperson is directly or
indirectly compensated for making a testimonial, endorsement or appraisal, that
fact shall be disclosed by use of the phrase "paid endorsement" or words of
similar import in a type style and size that is at least equal to that used for
the spokesperson's name or the body of the testimonial or endorsement,
whichever is larger.
(c) In the
case of television or radio marketing, the required disclosure shall be in the
introductory portion of the marketing communication and must be given
prominence. If printed, the disclosure must be presented in a type style and
size that is at least equal to the largest type otherwise used in the marketing
communication.
(d) The use of the
phrase "paid endorsement" is not required where the spokesperson is a company
officer who is paid generally, but not specifically for making the marketing
communication.
(5) The
disclosure requirements of this rule shall not apply where the sole financial
interest or compensation of a spokesperson for all testimonials or endorsements
made on behalf of the small employer carrier consists of the payment of union
scale wages required by union rules, and if the payment is actually for scale
for TV or radio performances.
(6) A
marketing communication shall not state or imply that a small employer carrier,
plan or policy has been approved or endorsed by any individual, group of
individuals, society, association, or other organization, governmental agency
or other entity, unless that is the fact, and unless any proprietary
relationship between an organization and the small employer carrier is
disclosed. If the entity making the endorsement or testimonial has been formed
by the small employer carrier, or is owned or controlled by the small employer
carrier or the person or persons who own or control the small employer carrier,
that fact shall be disclosed in the marketing communication.
(7)
(a)
When a testimonial refers to benefits received under a health benefit plan for
a specific claim, the specific claim data, including claim number, date of
loss, and other pertinent information shall be retained by the small employer
carrier for inspection for a period of four years or until the filing of the
next regular report on examination of the small employer carrier, whichever is
the longer period of time.
(b)
Testimonials that do not correctly reflect the present practices of the small
employer carrier or are not applicable to the health benefit plan or benefits
being marketed shall not be used.
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.
