§ 23-66-316 — Advertising by health and accident insurers and prepaid health plans

(a) It shall be unlawful for any insurance company or association transacting any health and accident or hospital or surgical insurance or prepaid hospital and surgical or healthcare plan in this state, in violation of a prior order or rule of the Insurance Commissioner directed to the company or association, to make, issue, circulate, or place before the public or to cause the making, issuing, circulation, or placing before the public in a newspaper, magazine, or other publication or in the form of a notice, brochure, circular, pamphlet, letter, or poster or by way of any radio or television station or in any other way or manner any advertisement, announcement, or statement with respect to the terms, benefits, premiums, or advantages of the policy or plan unless and until the advertisement, announcement, or statement has been filed with and approved by the commissioner, pursuant to the prior order or rule, as not being untrue, deceptive, or misleading in any respect. (b) (1) Any company or association violating the provisions of this section shall be guilty of a violation and upon a first conviction shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500) and for a second or subsequent conviction shall be fined not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000). (2) Each violation shall constitute a separate offense.

Legislative History

Amended by Act 2019, No. 315,§ 2665, eff. 7/24/2019. Acts 1965, No. 155, §§ 1, 2; A.S.A. 1947, §§ 66-3027, 66-3028; Acts 2005, No. 1994, § 153.