§3157. Wellness programs
1.
Marketing.
An insurer or insurance producer may not:
A.
Market a wellness program as pet insurance; or
[PL 2021, c. 562, §1 (NEW).]
B.
Market a wellness program during the sale, solicitation or negotiation of pet insurance.
[PL 2021, c. 562, §1 (NEW).]
[PL 2021, c. 562, §1 (NEW).]
2.
Sale of wellness program.
If a wellness program is sold by an insurer or insurance producer, the following requirements apply:
A.
The purchase of a wellness program may not be a requirement of the purchase of pet insurance;
[PL 2021, c. 562, §1 (NEW).]
B.
The costs of a wellness program must be separate and identifiable from any pet insurance policy sold by an insurer or insurance producer;
[PL 2021, c. 562, §1 (NEW).]
C.
The terms and conditions for a wellness program must be separate from any pet insurance policy sold by an insurer or insurance producer;
[PL 2021, c. 562, §1 (NEW).]
D.
The products or coverages available through a wellness program may not duplicate products or coverages available through the pet insurance policy; and
[PL 2021, c. 562, §1 (NEW).]
E.
The advertising of a wellness program may not be misleading and must differentiate the wellness program from pet insurance.
[PL 2021, c. 562, §1 (NEW).]
[PL 2021, c. 562, §1 (NEW).]
3.
Disclosure.
An insurer or insurance producer shall clearly disclose the following to consumers of wellness program products, printed in 12-point boldface type:
A.
That wellness programs are not insurance;
[PL 2021, c. 562, §1 (NEW).]
B.
The bureau's mailing address and toll-free telephone number and a link to the bureau's publicly accessible website; and
[PL 2021, c. 562, §1 (NEW).]
C.
The address and customer service telephone number of the insurer or the producer of record.
[PL 2021, c. 562, §1 (NEW).]
[PL 2021, c. 562, §1 (NEW).]
4.
Wellness benefits.
Any coverages included in a pet insurance policy contract described as "wellness benefits" are considered insurance. If a wellness program undertakes to indemnify another party, pays a specified amount upon determinable contingencies or provides coverage for a fortuitous event, it is transacting the business of insurance and is subject to the requirements of this Title, except that a contract directly between a service provider and a pet owner that involves only those 2 parties is not transacting the business of insurance unless other indications of insurance also exist.
[PL 2021, c. 562, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 562, §1 (NEW).