§36-6984. Advertising or sales materials required — Filing and
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approval.
A. 1. No advertising or sales material relating to a prepaid vision plan organization shall be issued or delivered to any person in this state until a copy of the material has been filed with and approved by the Insurance Commissioner.
2. Within thirty
(30)days after the submission of advertising or material under this subsection, the Commissioner shall issue a determination approving or disapproving of the material.
3. Disapproval of the advertising or material shall be on the basis that, in whole or in part, the material is false, deceptive, or misleading. Written notification shall be issued to an organization that has materials disapproved pursuant to this subsection. Thereafter, the disapproved advertising material shall not be used.
4. Violation of the provisions of this subsection shall entitle the Commissioner in his or her discretion and without additional cause to withdraw approval of any coverage policy with respect to which the advertising or sales material is used.
B. Advertisement and publication of material by a prepaid vision plan organization or anyone acting on behalf of the organization to inform enrollees or prospective enrollees of the plan as to the coverage offered by the plan and the operation of the organization shall not be a violation of any provisions of law relating to solicitation of customers or advertising by prepaid vision plan providers if the advertising or sales material:
1. Is approved prior to use by the Commissioner upon determination by the Commissioner that the material is not inaccurate, false, deceptive, or misleading;
2. Does not identify the providers of vision services nor describe their professional qualifications, except upon request of the enrollee or prospective enrollee;
3. Does not describe the professional experience or attainments of providers individually or as a group, or contain language that states, evaluates, or lauds the professional competence, skills, or reputations of the providers; and
4. Shall not cause any providers to violate any professional ethics or laws that prohibit the solicitation of patients. Added by Laws 2024, c. 360, § 13, emerg. eff. May 30, 2024.