69O-150.209. Use of Statistics

(1) A marketing communication relating to the dollar amount of claims paid, the number of persons insured, or similar statistical information relating to any small employer carrier or plan shall not use irrelevant facts, and shall not be used unless it accurately reflects all of the relevant facts.

(a) The marketing communication shall not imply that the statistics are derived from the plan marketed unless that is the fact, and when applicable to other plans shall specifically so state. A marketing communication shall specifically identify the plan to which statistics relate and, where statistics are given that are applicable to a different plan, it must be stated clearly that the data does not relate to the plan being marketed.

(b) A marketing communication shall not contain statements that are untrue in fact, or misleading by implication, with respect to the assets, corporate structure, financial standing, age, or relative position of a small employer carrier in the insurance or health benefit business.

(2) A marketing communication shall not represent or imply that claim settlements by a small employer carrier are liberal or generous or words of similar import, or state or imply that claim settlements are or will be beyond the actual terms of the plan. An unusual amount paid for a unique claim for the plan marketed is misleading and shall not be used.

(3) The source and date of source of any statistics used in a marketing communication shall be identified in the marketing communication.

Rulemaking Authority 624.308(1), 626.9611, 627.6699(12) FS. Law Implemented 624.307(1), 626.9541(1)(a), (b), (e), (k), (l), 626.9641(1), 627.6699(9)(d)4. FS. History–New 2-25-93, Formerly 4-150.209.