Sec. 102. FTC oversight of online health insurance advertisements

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Subject to paragraph (3), a person may not post, publish, or otherwise display on the internet a deceptive advertisement for health insurance coverage. An online advertisement for health insurance coverage shall be considered deceptive if it— is likely to mislead, or has the effect of misleading, a reasonable individual to believe that such advertisement is made by, through, or on behalf of— Healthcare.gov; a State or Federal American Health Benefit Exchange described in sections 1311 and 1321 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031 , 18041); or any other Federal, State, or local government entity; is likely to mislead, or has the effect of misleading, a reasonable individual about— the relative cost of enrolling in non-ACA compliant health insurance coverage as compared to the cost of enrolling in a qualified health plan; the relative actuarial value of non-ACA compliant health insurance coverage as compared to a qualified health plan; or the relative scope of benefits of non-ACA compliant health insurance coverage as compared to a qualified health plan; is likely to mislead, or has the effect of misleading, a reasonable individual to believe that the health insurance coverage advertised— complies with the requirements for qualified health plans under the Patient Protection and Affordable Care Act ( Public Law 111–148 ), although the health insurance coverage does not meet such requirements; or provides coverage for benefits that are not covered by such health insurance coverage; or is likely to mislead, or has the effect of misleading, a reasonable individual regarding the scope, cost, or duration of coverage of the health insurance coverage being advertised.

If a person who is unrelated to the operator of an online platform pays or arranges to post, publish, or otherwise display an advertisement that violates paragraph

(1)on the online platform— such person shall be deemed to have committed the violation of such paragraph; and the operator of the online platform shall not be liable for a violation of such paragraph. A violation of this section or a regulation promulgated under this section shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). Except as provided in subparagraph (C), the Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq.) were incorporated into and made a part of this section. Any person who violates this section or a regulation promulgated under this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq.). Notwithstanding section 4 or 6 of the Federal Trade Commission Act ( 15 U.S.C. 44 , 46), section 2 of McCarran-Ferguson Act ( 15 U.S.C. 1012 ), or any other jurisdictional limitation of the Commission, the Commission shall also enforce this section and the regulations promulgated under this section, in the same manner provided in subparagraphs

(A)and

(B)of this paragraph, with respect to— organizations not organized to carry on business for their own profit or that of their members; and the business of insurance, and persons engaged in such business. This section shall only supersede a State law to the extent that this section is inconsistent with otherwise applicable State law. A State law that provides additional protections to consumers than those protections provided in this Act shall not be considered inconsistent with this Act for purposes of clause (i). The Commission shall promulgate in accordance with section 553 of title 5, United States Code, such rules as may be necessary to carry out this Act. Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law. The Comptroller General of the United States shall conduct a study on the effectiveness of the Commission's oversight of online advertisements for health insurance coverage pursuant to this section during the period which begins on the date of enactment of this Act and ends 3 years thereafter. Such study shall include the following: The number of enforcement actions during such period taken by the Commission related to the oversight of online advertisements for health insurance coverage under this section. A description of the outcome of any such enforcement action. A description of any barrier to the Commission's enforcement authority under this section in relation to such advertisements. A description of how the Commission's oversight of online advertisements for health insurance coverage has protected consumers, including through means other than enforcement actions. Not later than 4 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report containing the results of the study conducted under paragraph (1), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.

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Pub. L. 111-148

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Sec. 102

FTC oversight of online health insurance advertisements

Pub. L.Pub. L. 111-148

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