1(1) These rules shall apply to any health benefit plan marketing communication in this state that a small employer carrier knows or reasonably should know is intended for presentation, distribution, or dissemination in this state either directly by a small employer carrier or indirectly on behalf of a small employer carrier by an agent, broker, producer, solicitor, or any other person who has either actual or apparent authority to act on behalf of the small employer carrier. The small employer carrier shall be responsible for marketing communications that are published in violation of written procedures or guidelines of the small employer carrier.
103(2) Marketing materials that are reproduced in quantity shall be identified by form numbers or other identifying means that shall be sufficient to distinguish a marketing communication from any other marketing material, policy, application, or other material used by the small employer carrier.
