Current through Reg. 50, No. 187; September 24, 2024
(1) Any marketing
of health benefit plans as defined in subsections
69O-150.203(7), (8), (9), and
(10), F.A.C., of this rule chapter shall be
filed by the small employer carrier with the Office for review not less than 30
days prior to the date the small employer carrier desires to use the marketing
communication.
(2)
(a) Marketing communications that will be
aired on television or radio shall not be subject to the time period specified
in subsection (1) of this rule.
(b)
The audio or audio/visual tapes and scripts for use in the marketing
communications by television or radio shall be filed by the small employer
carrier with the Office for review prior to the date the small employer carrier
desires to first air the marketing communication.
(c) The Office shall review the audio or
audio/visual tapes and scripts within 30 days of receipt.
(3) Disapproval of Marketing Material.
(a) The Office shall review the marketing
material submitted under subsection (1) of this rule, within 30 days after
receipt.
(b) A marketing
communication submitted under subsection (1) of this rule, will be disapproved
if the Office determines that the material violates any of the provisions of
Section 627.6699, F.S., Part IX of
Chapter 626, F.S., or any applicable rules of the Office.
(c) If the small employer carrier files at
least 30 days prior to use and the Office has not issued a preliminary notice
of violation within 30 days after filing, and there are no material changes in
the marketing communication, the small employer carrier shall not be penalized
for any use of the marketing communication that occurs within 30 days after
receipt of any subsequent preliminary notice that the marketing communication
is in violation of an applicable statute or rule.
(d) The Office shall withdraw any previous
approval and disapprove a marketing communication at any time and enter an
immediate order requiring that the use of the marketing communication be
discontinued if the Office determines that the marketing communication violates
any of the provisions of Section
627.6699, F.S., or of Part IX of
Chapter 626, F.S., or any applicable rules of the
Office.
Rulemaking Authority 624.308(1), 626.9611, 627.9407(1), (2)
FS. Law Implemented 624.307(1),
626.9541(1)(a), (b), (e), (k),
(l),
626.9561,
626.9641(1),
627.9407(1),
(2)
FS.
New 2-25-93, Amended 1-4-00, Formerly
4-150.218.
