Rule 120-2-49-.17 - Unfair Practices; Marketing of Unapproved Products(1) No administrator, nor their officers, directors, partners, trustees, agents or employees shall engage in any unfair trade practice defined in Chapter 6 of Title 33 of the Official Code of Georgia Annotated, or determined pursuant to this rule to be an unfair or deceptive act or practice. The provisions of Chapter 6 apply to administrators and their officers, directors, partners, trustees, agents or employees.(2) In addition to the practices deemed unfair and deceptive in Chapter 6 of Title 33 of the Official Code of Georgia Annotated, it shall be deemed an unfair or deceptive practice for any administrator, officer, director, partner, trustee, agent or employee to commit or perform any of the following: (a) Misrepresenting or withholding any data or information that has been provided by the plan sponsor and is pertinent to underwriting conditions for a contract of insurance between the plan sponsor and any insurer, reinsurer or ultimate risk bearer, or for a contract of self-insurance between the plan sponsor and the administrator.(b) Misrepresenting the existence or the terms of any actual or proposed insurance or reinsurance policy, or self-insurance contract.(c) Failing to make an appropriate reply within fifteen working days to any inquiries of the Office of Commissioner of Insurance as they pertain to this regulation or O.C.G.A. §§ 33-23-100 to 33-23-104.(d) Failing to submit requested documentation to the Office of Commissioner of Insurance as it applies to any complaints or inquiries regarding the business practices of an administrator.(3) A licensed administrator is not permitted to market or administer any insurance product not approved in this state or that is issued by a non-admitted insurer or unauthorized multiple employer self-insured health plan.Ga. Comp. R. & Regs. R. 120-2-49-.17
O.C.G.A. Secs. 33-2-9, 33-23-100et seq., 33-23-101, 33-23-105.
Original Rule entitled "Defined Unfair Practices" adopted. F. May 19, 1993; eff. June 8, 1993.Repealed: New Rule entitled "Unfair Practices" adopted. F. June 10, 1997; eff. June 30, 1997.Repealed: New Rule entitled "Unfair Practices; Marketing of Unapproved Products" adopted. F. Dec. 9, 2005; eff. Dec. 29, 2005.