Florida Senate - 2024                             CS for SB 1338
       
       
        
       By the Committee on Banking and Insurance; and Senator DiCeglie
       
       
       
       
       
       597-03030-24                                          20241338c1
    1                        A bill to be entitled                      
    2         An act relating to pet health; amending s. 624.604,
    3         F.S.; revising the definition of the term “property
    4         insurance”; amending s. 626.9541, F.S.; providing that
    5         certain practices related to pet wellness programs are
    6         unfair methods of competition and unfair or deceptive
    7         acts or practices; creating s. 627.71545, F.S.;
    8         providing a short title; providing the purpose of the
    9         act; providing applicability; providing construction;
   10         defining terms; requiring pet insurers that use such
   11         defined terms in their pet insurance policies to use
   12         the statutory definition in their policies; requiring
   13         pet insurers to also make such definitions available
   14         on their website or their program administrator’s
   15         website; requiring pet insurers to make certain
   16         disclosures to pet insurance applicants and
   17         policyholders; requiring pet insurers to provide a
   18         summary of their bases or formulas for determination
   19         of claim payments under a pet insurance policy on
   20         their website or their program administrator’s
   21         website; requiring pet insurers to disclose certain
   22         requirements for required medical examinations of a
   23         pet by a veterinarian; requiring pet insurers to
   24         create a document with a summary of certain
   25         disclosures, to post such document on their website or
   26         their program administrator’s website, and, upon
   27         issuance or delivery of a policy to a policyholder, to
   28         provide the disclosure document to the policyholder;
   29         requiring additional written disclosures; providing
   30         that certain required disclosures are in addition to
   31         disclosures required by the insurance code or
   32         Financial Services Commission rule; authorizing pet
   33         insurance applicants and policyholders to examine and
   34         return insurance policies and riders under certain
   35         circumstances; requiring that premiums be refunded
   36         under certain circumstances; requiring that pet
   37         insurance policies and riders have a specified notice
   38         printed on or attached to the first page; authorizing
   39         pet insurers to issue policies that exclude coverage
   40         on the basis of preexisting conditions with
   41         appropriate written disclosure to the applicant or
   42         policyholder; providing that the pet insurer has a
   43         specified burden of proof with regard to such
   44         exclusions; authorizing pet insurers to issue policies
   45         that impose a waiting period of up to a specified
   46         period of time for specified illnesses, diseases, or
   47         conditions; prohibiting pet insurers from issuing
   48         policies imposing a waiting period for accidents;
   49         requiring pet insurers who issue a policy that imposes
   50         a waiting period to include a provision allowing for
   51         waiver of the waiting period upon completion of a
   52         medical examination of the covered pet by a
   53         veterinarian; authorizing pet insurers to require an
   54         examination to be conducted by a veterinarian after
   55         the purchase of the policy; imposing a requirement and
   56         making an authorization related to such examination;
   57         prohibiting a pet insurer from requiring a medical
   58         examination of the covered pet to renew a policy;
   59         requiring that certain benefits comply with certain
   60         provisions of the Florida Insurance Code; prohibiting
   61         insurance applicants’ eligibility from being based on
   62         participation or lack of participation in wellness
   63         programs; requiring pet insurers to ensure that its
   64         agents are trained on specified topics; providing
   65         rulemaking authority; providing an effective date.
   66          
   67  Be It Enacted by the Legislature of the State of Florida:
   68  
   69         Section 1. Section 624.604, Florida Statutes, is amended to
   70  read:
   71         624.604 “Property insurance” defined.—“Property insurance”
   72  is insurance on real or personal property of every kind and of
   73  every interest therein, whether on land, water, or in the air,
   74  against loss or damage from any and all hazard or cause, and
   75  against loss consequential upon such loss or damage, other than
   76  noncontractual legal liability for any such loss or damage.
   77  Property insurance may include pet insurance that provides
   78  coverage for accidents and for illnesses or diseases of pets.
   79  Property insurance may contain a provision for accidental death
   80  or injury as part of a multiple peril homeowner’s policy. Such
   81  insurance, which is incidental to the property insurance, is not
   82  subject to the provisions of this code applicable to life or
   83  health insurance. Property insurance does not include title
   84  insurance, as defined in s. 624.608.
   85         Section 2. Paragraph (hh) is added to subsection (1) of
   86  section 626.9541, Florida Statutes, to read:
   87         626.9541 Unfair methods of competition and unfair or
   88  deceptive acts or practices defined.—
   89         (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
   90  ACTS.—The following are defined as unfair methods of competition
   91  and unfair or deceptive acts or practices:
   92         (hh)Sales practices for pet wellness programs.
   93         1.A pet insurance agent may not market a wellness program
   94  as pet insurance.
   95         2.If a wellness program is sold by a pet insurance agent:
   96         a.The purchase of the wellness program may not be a
   97  prerequiste to the purchase of pet insurance;
   98         b.The costs of the wellness program must be separate and
   99  identifiable from any pet insurance policy sold by the pet
  100  insurance agent;
  101         c.The terms and conditions of the wellness program must be
  102  separate from any pet insurance policy sold by the agent;
  103         d.The products or coverages available through the wellness
  104  program may not duplicate the products or coverages available
  105  through the pet insurance policy; and
  106         e.The advertising of the wellness program must not be
  107  misleading.
  108         Section 3. Section 627.71545, Florida Statutes, is created
  109  to read:
  110         627.71545Pet insurance; noninsurance wellness programs.—
  111         (1)This section may be cited as the “Pet Insurance Act.”
  112         (2)The purpose of this section is to promote the public
  113  welfare by creating a comprehensive regulatory framework within
  114  which pet insurance may be sold in this state.
  115         (3)This section applies to all of the following:
  116         (a)Pet insurance policies that are issued to any resident
  117  of this state or that are sold, solicited, negotiated, or
  118  offered in this state.
  119         (b)Pet insurance policies or certificates that are
  120  delivered or issued for delivery in the state.
  121         (4)(a)This section may not be construed to prohibit or
  122  limit the types of exclusions pet insurers may use in their
  123  policies or to require pet insurers to include in such policies
  124  any of the limitations or exclusions specified in subsection
  125  (9).
  126         (b)All other applicable provisions of the Florida
  127  Insurance Code apply to pet insurance, except that this section
  128  supersedes any general provisions of the Florida Insurance Code
  129  which otherwise apply to pet insurance.
  130         (5)(a)As used in this section, the term:
  131         1.“Chronic condition” means a condition that can be
  132  treated or managed, but not cured.
  133         2.“Congenital anomaly or disorder” means a condition that
  134  is present from birth, whether inherited or caused by the
  135  environment, and that may cause or contribute to illness or
  136  disease.
  137         3.“Hereditary disorder” means an abnormality that is
  138  genetically transmitted from parent to offspring and may cause
  139  illness or disease.
  140         4.“Orthopedic” refers to a condition that affects the
  141  bones, skeletal muscle, cartilage, tendons, ligaments, or
  142  joints. Orthopedic conditions include, but are not limited to,
  143  elbow dysplasia, hip dysplasia, intervertebral disc
  144  degeneration, patellar luxation, and cranial cruciate ligament
  145  rupture but do not include any cancer or any metabolic,
  146  hematopoietic, or autoimmune disease.
  147         5.“Pet insurance” means an insurance policy that provides
  148  coverage for accidents and for illnesses and diseases of pets.
  149  Such insurance reimburses a policyholder for expenses associated
  150  with medical advice, diagnosis, care, or treatment provided by a
  151  veterinarian, including, but not limited to, the cost of drugs
  152  prescribed by the veterinarian.
  153         6.“Pet insurance policy” or “policy” includes pet
  154  insurance certificates.
  155         7.“Preexisting condition” means a condition for which any
  156  of the following is true before the effective date or during a
  157  waiting period applicable to a pet insurance policy:
  158         a.A veterinarian provided medical advice.
  159         b.The pet received previous treatment.
  160         c.Based on information from verifiable sources, the pet
  161  had signs or symptoms directly related to the condition for
  162  which a claim is being made.
  163  
  164  A condition for which coverage is afforded on a policy is not
  165  deemed to be a preexisting condition on any renewal of the
  166  policy.
  167         8.“Renewal” means the issuance and delivery at the end of
  168  an insurance policy period of a policy that supersedes the
  169  policy previously issued and delivered by the same pet insurer
  170  or affiliated pet insurer and that provides types and limits of
  171  coverage substantially similar to those contained in the policy
  172  being superseded.
  173         9.“Veterinarian” means a health care practitioner who is
  174  licensed to engage in the practice of veterinary medicine in
  175  Florida under chapter 474.
  176         10.“Waiting period” means the period of time specified in
  177  a pet insurance policy which is required to run before some or
  178  all of the coverage in the policy may begin. This period may not
  179  be applied to renewals of existing coverage.
  180         11.“Wellness program” means a subscription or
  181  reimbursement-based program that is separate from an insurance
  182  policy and that provides goods and services to promote the
  183  general health, safety, or well-being of the covered pet. If the
  184  subscription or program includes language such as “undertakes to
  185  indemnify another,” “pays a specified amount upon determinable
  186  contingencies,” or “provides coverage for a fortuitous event,”
  187  the subscription or program is transacting in the business of
  188  insurance and is subject to the Florida Insurance Code. This
  189  definition is not intended to classify a contract directly
  190  between a service provider and a pet owner which involves only
  191  the two parties as being the business of insurance, unless other
  192  indications of insurance also exist.
  193         (b)If a pet insurer uses any of the terms defined in
  194  paragraph (a) in a pet insurance policy, the pet insurer must
  195  use the definition of each term as provided in paragraph (a) and
  196  must include each such definition in the policy. The pet insurer
  197  must also make such definitions available through a clear and
  198  conspicuous link on the main page of the website of the pet
  199  insurer or the pet insurer’s program administrator.
  200         (6)(a)A pet insurer transacting pet insurance must
  201  disclose the following to pet insurance applicants and
  202  policyholders:
  203         1.Whether the policy excludes coverage due to any of the
  204  following:
  205         a.A chronic condition;
  206         b.A congenital anomaly or disorder;
  207         c.A hereditary disorder; or
  208         d.A preexisting condition.
  209         2.If the policy includes any other exclusions not listed
  210  in subparagraph 1., the pet insurer must state the following in
  211  the disclosure: “Other exclusions may apply. Please refer to the
  212  exclusions section of the policy for more information.”
  213         3.Any policy provision that limits coverage through a
  214  waiting period, a deductible, a coinsurance payment, or an
  215  annual or lifetime policy limit. Waiting periods and applicable
  216  requirements must be clearly and prominently disclosed to
  217  applicants before the policy purchase.
  218         4.Whether the pet insurer reduces coverage or increases
  219  premium based on the policyholder’s claim history, the age of
  220  the covered pet, or a change in the geographic location of the
  221  policyholder.
  222         5.Whether the underwriting company differs from the brand
  223  name used to market and sell the pet insurance.
  224         (b)Before issuing a pet insurance policy, a pet insurer
  225  shall, through a clear and conspicuous link on the main page of
  226  the pet insurer’s or the pet insurer’s program administrator’s
  227  website, provide a summary description of the basis or formula
  228  for the pet insurer’s determination of claim payments under the
  229  policy.
  230         1.A pet insurer that uses a benefit schedule to determine
  231  claim payments under a pet insurance policy must clearly
  232  disclose both of the following:
  233         a.The applicable benefit schedule in the policy.
  234         b.All benefit schedules used by the pet insurer under its
  235  pet insurance policies through a clear and conspicuous link on
  236  the main page of the pet insurer’s or pet insurer’s program
  237  administrator’s website.
  238         2.A pet insurer that determines claim payments under a pet
  239  insurance policy based on usual and customary fees, or any other
  240  reimbursement limitation based on prevailing veterinary service
  241  provider charges, shall do both of the following:
  242         a.Include a usual and customary fee limitation provision
  243  in the policy which clearly describes the pet insurer’s basis or
  244  formula for determining usual and customary fees and the manner
  245  in which that basis or formula is applied in calculating claim
  246  payments.
  247         b.Disclose the pet insurer’s basis for determining usual
  248  and customary fees through a clear and conspicuous link on the
  249  main page of the pet insurer’s or pet insurer’s program
  250  administrator’s website.
  251         (c)If any medical examination of the pet by a veterinarian
  252  is required to effectuate coverage, the pet insurer must clearly
  253  and conspicuously disclose any requirement for the examination
  254  before the policy is purchased and must disclose that
  255  examination documentation may result in a preexisting condition
  256  exclusion.
  257         (d)A pet insurer shall create a summary of all policy
  258  disclosures required in paragraphs (a), (b), and (c) in a
  259  separate document titled “Insurer Disclosure of Important Policy
  260  Provisions.” The pet insurer shall post the document through a
  261  clear and conspicuous link on the main page of the pet insurer’s
  262  or pet insurer’s program administrator’s website.
  263         (e)At the time a pet insurance policy is issued or
  264  delivered to a policyholder, the pet insurer shall provide the
  265  policyholder with a copy of the Insurer Disclosure of Important
  266  Policy Provisions document required under paragraph (d), in at
  267  least 12-point type. At such time, the pet insurer shall also
  268  include a written disclosure with all of the following:
  269         1.Contact information for the Division of Consumer
  270  Services of the department, including a link and toll-free
  271  telephone number, for consumers to submit inquiries and
  272  complaints relating to pet insurance products regulated by the
  273  department or office.
  274         2.The address and customer service telephone number of the
  275  pet insurance agent.
  276         (f)The disclosures required in this subsection are in
  277  addition to any other disclosures required by the insurance code
  278  or rules prescribed by the commission.
  279         (7)Unless the policyholder has filed a claim under the pet
  280  insurance policy, a pet insurance applicant or policyholder may
  281  examine and return the policy or rider to the pet insurer or pet
  282  insurance agent or broker within 30 days after the applicant or
  283  policyholder obtains the receipt and is entitled to the premium
  284  refunded if, after examining the policy or rider, he or she is
  285  not satisfied for any reason.
  286         (8)A pet insurance policy and rider must have a notice
  287  prominently printed on or attached to the first page which
  288  includes specific instructions to accomplish a return, in type
  289  at least as large as any type appearing on the policy or rider
  290  contract and in substantially the following language:
  291  
  292         You have 30 days from the day you receive this policy,
  293         certificate, or rider to review it and return it to
  294         the company if you decide not to keep it. You do not
  295         have to tell the company why you are returning it. If
  296         you decide not to keep policy, certificate, or rider,
  297         simply return it to the company at its administrative
  298         office or return it to the insurance agent or broker
  299         who you bought it from as long as you have not filed a
  300         claim. You must return policy, certificate, or rider
  301         within 30 days after the day you first received it in
  302         order to receive a refund. The company must refund the
  303         full amount of any premium paid within 30 days after
  304         it receives the returned policy, certificate, or
  305         rider. The premium refund will be sent directly to the
  306         person who paid it. The policy, certificate, or rider
  307         will be void as if it had never been issued.
  308  
  309         (9)(a)A pet insurer may issue a policy that excludes
  310  coverage on the basis of one or more preexisting conditions with
  311  appropriate written disclosure to the applicant or policyholder.
  312  The pet insurer has the burden of proving that the preexisting
  313  condition exclusion applies to the condition for which a claim
  314  is being made.
  315         (b)1.A pet insurer may issue a policy imposing a waiting
  316  period before the effective date of a new policy which does not
  317  exceed 30 days for illnesses or diseases or for orthopedic
  318  conditions not resulting from an accident. A pet insurer may not
  319  issue a policy imposing a waiting period for accidents.
  320         2.A pet insurer issuing a policy that imposes a waiting
  321  period shall include a provision in its contract which allows
  322  the waiting period to be waived upon completion of a medical
  323  examination of the pet by a veterinarian. The pet insurer may
  324  require the examination to be conducted by a veterinarian after
  325  the purchase of the policy.
  326         a.A medical examination required under this subparagraph
  327  must be paid for by the policyholder, unless the policy
  328  specifies that the pet insurer will pay for the examination.
  329         b.A pet insurer may specify requirements for the
  330  examination and require documentation that the requirements have
  331  been satisfied, provided that the specifications do not
  332  unreasonably restrict the ability of the applicant or
  333  policyholder to waive the waiting period.
  334         (c)A pet insurer may not require a medical examination of
  335  the covered pet for the policyholder to renew a policy.
  336         (d)If a pet insurer includes any prescriptive, wellness,
  337  or noninsurance benefit in the policy form, the benefit is made
  338  part of the policy contract and must comply with all of the
  339  applicable provisions of the Florida Insurance Code.
  340         (e)An applicant’s eligibility to purchase a pet insurance
  341  policy may not be based on his or her participation, or lack of
  342  participation, in a separate wellness program.
  343         (10)(a)Pet insurers must ensure that its agents are
  344  trained on the topics specified in paragraph (b) and that its
  345  agents have been appropriately trained on the coverages and
  346  conditions of its pet insurance products.
  347         (b)The training required under this subsection must
  348  include information on all of the following topics:
  349         1.Preexisting conditions and waiting periods.
  350         2.The differences between pet insurance and noninsurance
  351  wellness programs.
  352         3.Chronic conditions, congenital anomalies or disorders,
  353  and hereditary disorders and the way pet insurance policies
  354  address those conditions or disorders.
  355         4.Rating, underwriting, renewal, and other related
  356  administrative topics.
  357         (11)The commission may adopt rules necessary to administer
  358  this section.
  359         Section 4. This act shall take effect January 1, 2025.