69O-150.211. Disparaging Comparisons and Statements

(1) A marketing communication shall not:

(a) Directly or indirectly make unfair or incomplete comparisons of plans or benefits, or comparisons of non-comparable policies or contracts of other small employer carriers;

(b) Disparage competitors, their plans, policies, contracts, services, or business methods;

(c) Disparage or unfairly minimize competing methods of marketing health benefit plans.

(2) A marketing communication shall not contain statements such as “no red tape” or “here is all you do to receive benefits.”

(3) A marketing communication shall not state or imply that competing health benefit plans or insurance coverages customarily contains certain exclusions or limitations not contained in the marketed plans unless the exclusions or limitations are contained in a substantial majority of competing coverages.

(4) A marketing communication shall not state or imply in a misleading or incomplete manner that a small employer carrier’s premiums are lower or its loss ratios are higher because its organizational structure differs from that of competing small employer carriers.

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 4-150.211.