Old | New | Differences | |
---|---|---|---|
1 | - | WES MOORE, Governor Ch. 740 | |
2 | 1 | ||
3 | - | – 1 – | |
4 | - | Chapter 740 | |
5 | - | (House Bill 647) | |
6 | 2 | ||
7 | - | AN ACT concerning | |
3 | + | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
4 | + | [Brackets] indicate matter deleted from existing law. | |
5 | + | Underlining indicates amendments to bill. | |
6 | + | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
7 | + | amendment. | |
8 | + | *hb0647* | |
8 | 9 | ||
9 | - | Property and Casualty Insurance – Pet Insurance – Regulation | |
10 | + | HOUSE BILL 647 | |
11 | + | C4 4lr1830 | |
10 | 12 | ||
11 | - | FOR the purpose of establishing requirements and prohibitions for pet insurance policies | |
12 | - | that are issued to a resident of the State, or are sold, solicited, negotiated, or offered | |
13 | - | in the State, including disclosure requirements and requirements and prohibitions | |
14 | - | related to wellness programs; requiring the Maryland Insurance Administration to | |
15 | - | develop informational material about pet insurance policies that may be | |
16 | - | disseminated to and posted by veterinary practitioners; and generally relating to pet | |
17 | - | insurance. | |
13 | + | By: Delegate Guyton | |
14 | + | Introduced and read first time: January 25, 2024 | |
15 | + | Assigned to: Economic Matters and Environment and Transportation | |
16 | + | Committee Report: Favorable with amendments | |
17 | + | House action: Adopted | |
18 | + | Read second time: March 9, 2024 | |
18 | 19 | ||
19 | - | BY repealing and reenacting, without amendments, | |
20 | - | Article – Agriculture | |
21 | - | Section 2–301(a) and (i) | |
22 | - | Annotated Code of Maryland | |
23 | - | (2016 Replacement Volume and 2023 Supplement) | |
20 | + | CHAPTER ______ | |
24 | 21 | ||
25 | - | BY adding to | |
26 | - | Article – Insurance | |
27 | - | Section 19–1101 through 19–1109 19–1107 to be under the new subtitle “Subtitle 11. | |
28 | - | Pet Insurance” | |
29 | - | Annotated Code of Maryland | |
30 | - | (2017 Replacement Volume and 2023 Supplement) | |
22 | + | AN ACT concerning 1 | |
31 | 23 | ||
32 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, | |
33 | - | That the Laws of Maryland read as follows: | |
24 | + | Property and Casualty Insurance – Pet Insurance – Regulation 2 | |
34 | 25 | ||
35 | - | Article – Agriculture | |
26 | + | FOR the purpose of establishing requirements and prohibitions for pet insurance policies 3 | |
27 | + | that are issued to a resident of the State, or are sold, solicited, negotiated, or offered 4 | |
28 | + | in the State, including disclosure requirements and requirements and prohibitions 5 | |
29 | + | related to wellness programs; requiring the Maryland Insurance Administration to 6 | |
30 | + | develop informational material about pet insurance policies that may be 7 | |
31 | + | disseminated to and posted by veterinary practitioners; and generally relating to pet 8 | |
32 | + | insurance. 9 | |
36 | 33 | ||
37 | - | 2–301. | |
34 | + | BY repealing and reenacting, without amendments, 10 | |
35 | + | Article – Agriculture 11 | |
36 | + | Section 2–301(a) and (i) 12 | |
37 | + | Annotated Code of Maryland 13 | |
38 | + | (2016 Replacement Volume and 2023 Supplement) 14 | |
38 | 39 | ||
39 | - | (a) In this subtitle the following words have the meanings indicated. | |
40 | + | BY adding to 15 | |
41 | + | Article – Insurance 16 | |
42 | + | Section 19–1101 through 19–1109 19–1107 to be under the new subtitle “Subtitle 11. 17 | |
43 | + | Pet Insurance” 18 | |
44 | + | Annotated Code of Maryland 19 | |
45 | + | (2017 Replacement Volume and 2023 Supplement) 20 | |
40 | 46 | ||
41 | - | | |
42 | - | ||
47 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21 | |
48 | + | That the Laws of Maryland read as follows: 22 2 HOUSE BILL 647 | |
43 | 49 | ||
44 | - | Article – Insurance | |
45 | 50 | ||
46 | - | SUBTITLE 11. PET INSURANCE. | |
47 | 51 | ||
48 | - | ||
52 | + | Article – Agriculture 1 | |
49 | 53 | ||
50 | - | – 2 | |
54 | + | 2–301. 2 | |
51 | 55 | ||
52 | - | (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS | |
53 | - | INDICATED. | |
56 | + | (a) In this subtitle the following words have the meanings indicated. 3 | |
54 | 57 | ||
55 | - | ( | |
56 | - | ||
58 | + | (i) “Veterinary practitioner” means a licensed and registered veterinarian 4 | |
59 | + | engaged in the practice of veterinary medicine. 5 | |
57 | 60 | ||
58 | - | (C) “CONGENITAL ANOMALY OR DISORDER” MEANS A CONDITION TH AT IS | |
59 | - | PRESENT FROM BIRTH , WHETHER INHERITED OR CAUSED BY THE ENVIRO NMENT, | |
60 | - | THAT MAY CAU SE OR CONTRIBUTE TO ILLNESS OR DISEASE . | |
61 | + | Article – Insurance 6 | |
61 | 62 | ||
62 | - | (D) “HEREDITARY DISORDER ” MEANS AN ABNORMALITY THAT IS | |
63 | - | GENETICALLY TRANSMIT TED FROM PARENT TO O FFSPRING AND MAY CAU SE | |
64 | - | ILLNESS OR DISEASE . | |
63 | + | SUBTITLE 11. PET INSURANCE. 7 | |
65 | 64 | ||
66 | - | (E) (1) “ORTHOPEDIC CONDITION ” MEANS A CONDITION AF FECTING THE | |
67 | - | BONES, SKELETAL MUSCLE, CARTILAGE, TENDONS, LIGAMENTS, OR JOINTS. | |
65 | + | 19–1101. 8 | |
68 | 66 | ||
69 | - | (2) “ORTHOPEDIC CONDITION ” INCLUDES ELBOW DYSPL ASIA, HIP | |
70 | - | DYSPLASIA, INTERVERTEBRAL DISC DEGENERATION , PATELLAR LUXATION , AND | |
71 | - | RUPTURED CRANIAL CRU CIATE LIGAMENTS . | |
67 | + | (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 9 | |
68 | + | INDICATED. 10 | |
72 | 69 | ||
73 | - | (3) “ORTHOPEDIC CONDITION ” DOES NOT INCLUDE: | |
70 | + | (B) “CHRONIC CONDITION ” MEANS A CONDITION TH AT CAN BE TREATED OR 11 | |
71 | + | MANAGED, BUT NOT CURED . 12 | |
74 | 72 | ||
75 | - | (I) CANCER; OR | |
73 | + | (C) “CONGENITAL ANOMALY OR DISORDER” MEANS A CONDITION TH AT IS 13 | |
74 | + | PRESENT FROM BIRTH, WHETHER INHERITED OR CAUSED BY THE ENVIRO NMENT, 14 | |
75 | + | THAT MAY CAUSE OR CO NTRIBUTE TO ILLNESS OR DISEASE. 15 | |
76 | 76 | ||
77 | - | (II) A METABOLIC, HEMOPOIETIC , OR AUTOIMMUNE DISEAS E. | |
77 | + | (D) “HEREDITARY DISORDER ” MEANS AN ABNORMALITY THAT IS 16 | |
78 | + | GENETICALLY TRANSMIT TED FROM PARENT TO O FFSPRING AND MAY CAU SE 17 | |
79 | + | ILLNESS OR DISEASE . 18 | |
78 | 80 | ||
79 | - | (F) (1) “PET INSURANCE POLICY ” MEANS A PROPERTY INS URANCE | |
80 | - | POLICY THAT IS SOLD BY A PET INSURER OR PET INSURANCE PRODUC ER THAT | |
81 | - | PROVIDES COVERAGE FO R ACCIDENTS AND ILLNESSES OF PETS . | |
81 | + | (E) (1) “ORTHOPEDIC CONDITION ” MEANS A CONDITION AF FECTING THE 19 | |
82 | + | BONES, SKELETAL MUSCLE , CARTILAGE, TENDONS, LIGAMENTS, OR JOINTS. 20 | |
82 | 83 | ||
83 | - | (2) “PET INSURANCE POLICY ” INCLUDES A CERTIFICA TE OR ADD–ON | |
84 | - | COVERAGE. | |
84 | + | (2) “ORTHOPEDIC CONDITION ” INCLUDES ELBOW DYSPL ASIA, HIP 21 | |
85 | + | DYSPLASIA, INTERVERTEBRAL DISC DEGENERATION , PATELLAR LUXATION , AND 22 | |
86 | + | RUPTURED CRANIAL CRU CIATE LIGAMENTS . 23 | |
85 | 87 | ||
86 | - | (G) (1) “PREEXISTING CONDITION ” MEANS A CONDITION FO R WHICH ANY | |
87 | - | OF THE FOLLOWING ARE TRUE BEFORE THE EFFE CTIVE DATE OF A PET INSURANCE | |
88 | - | POLICY OR DURING ANY WAITING PERIOD: | |
88 | + | (3) “ORTHOPEDIC CONDITION ” DOES NOT INCLUDE : 24 | |
89 | 89 | ||
90 | - | (I) | |
90 | + | (I) CANCER; OR 25 | |
91 | 91 | ||
92 | - | (II) | |
93 | - | | |
92 | + | (II) A METABOLIC, HEMOPOIETIC , OR AUTOIMMUNE DISEAS E. 26 | |
93 | + | HOUSE BILL 647 3 | |
94 | 94 | ||
95 | - | – 3 – | |
96 | - | (III) BASED ON INFORMATION FROM VERIFIABLE SOUR CES, THE | |
97 | - | PET HAD SIGNS OR SYM PTOMS DIRECTLY RELAT ED TO THE CONDITION FOR WHICH | |
98 | - | A CLAIM IS BEING MADE. | |
99 | 95 | ||
100 | - | ( | |
101 | - | ||
102 | - | ||
96 | + | (F) (1) “PET INSURANCE POLICY ” MEANS A PROPERTY INS URANCE 1 | |
97 | + | POLICY THAT IS SOLD BY A PET INSURER OR PET INSUR ANCE PRODUCER THAT 2 | |
98 | + | PROVIDES COVERAGE FO R ACCIDENTS AND ILLN ESSES OF PETS. 3 | |
103 | 99 | ||
104 | - | ( | |
105 | - | ||
100 | + | (2) “PET INSURANCE POLICY ” INCLUDES A CERTIFICA TE OR ADD–ON 4 | |
101 | + | COVERAGE. 5 | |
106 | 102 | ||
107 | - | (1) SUPERSEDES THE POLIC Y PREVIOUSLY ISSUED AND DELIVERED | |
108 | - | BY THE SAME PET INSU RER OR AFFILIATED PE T INSURER; AND | |
103 | + | (G) (1) “PREEXISTING CONDITION ” MEANS A CONDITION FO R WHICH ANY 6 | |
104 | + | OF THE FOLLOWING ARE TRUE BEFORE THE EFFECT IVE DATE OF A PET IN SURANCE 7 | |
105 | + | POLICY OR DURING ANY WAITING PERIOD : 8 | |
109 | 106 | ||
110 | - | (2) PROVIDES TYPES AND L IMITS OF COVERAGE SU BSTANTIALLY | |
111 | - | SIMILAR TO THOSE CON TAINED IN THE PRIOR POLICY. | |
107 | + | (I) A VETERINARY PRACTIT IONER PROVIDED MEDIC AL ADVICE; 9 | |
112 | 108 | ||
113 | - | (I) (1) “VETERINARY EXPENSES ” MEANS THE COSTS ASSO CIATED WITH | |
114 | - | MEDICAL ADVICE , DIAGNOSIS, CARE, OR TREATMENT PROVIDE D BY A VETERINARY | |
115 | - | PRACTITIONER . | |
109 | + | (II) THE PET RECEIVED TRE ATMENT; OR 10 | |
116 | 110 | ||
117 | - | (2) “VETERINARY EXPENSES ” INCLUDES THE COST OF DRUGS | |
118 | - | PRESCRIBED BY A VETE RINARY PRACTITIONER . | |
111 | + | (III) BASED ON INFORMATION FROM VERIFIABLE SOUR CES, THE 11 | |
112 | + | PET HAD SIGN S OR SYMPTOMS DIRECT LY RELATED TO THE CO NDITION FOR WHICH 12 | |
113 | + | A CLAIM IS BEING MAD E. 13 | |
119 | 114 | ||
120 | - | (J) “VETERINARY PRACTIT IONER” HAS THE MEANING STAT ED IN § 2–301 | |
121 | - | OF THE AGRICULTURE ARTICLE. | |
115 | + | (2) “PREEXISTING CONDITION ” DOES NOT INCLUDE , FOR A RENEWAL 14 | |
116 | + | OF A PET INSURANCE P OLICY, A CONDITION FOR WHIC H COVERAGE WAS AFFOR DED 15 | |
117 | + | ON THE PREVIOUS POLI CY. 16 | |
122 | 118 | ||
123 | - | (K) “WAITING PERIOD” MEANS THE PERIOD OF TIME SPECIFIED IN A NEW | |
124 | - | PET INSURANCE POLICY THAT MUST ELAPSE BEF ORE SOME OR ALL OF T HE | |
125 | - | COVERAGE IN THE POLI CY BEGINS. | |
119 | + | (H) “RENEWAL” MEANS THE ISSUANCE AN D DELIVERY AT THE EN D OF A PET 17 | |
120 | + | INSURANCE POLICY PER IOD OF A POLICY THAT : 18 | |
126 | 121 | ||
127 | - | ( | |
128 | - | ||
122 | + | (1) SUPERSEDES THE POLIC Y PREVIOUSLY ISSUED AND DELIVERED 19 | |
123 | + | BY THE SAME PET INSU RER OR AFFILIATED PE T INSURER; AND 20 | |
129 | 124 | ||
130 | - | (1) IS SEPARATE FROM A P ET INSURANCE POLICY ; AND | |
125 | + | (2) PROVIDES TYPES AND L IMITS OF COVERAGE SUBSTANTIALLY 21 | |
126 | + | SIMILAR TO THOSE CON TAINED IN THE PRIOR POLICY. 22 | |
131 | 127 | ||
132 | - | (2) PROVIDES GOODS AND S ERVICES TO PROMOTE T HE GENERAL | |
133 | - | HEALTH, SAFETY, OR WELL–BEING OF THE PET . | |
128 | + | (I) (1) “VETERINARY EXPENSES ” MEANS THE COSTS ASSO CIATED WITH 23 | |
129 | + | MEDICAL ADVICE , DIAGNOSIS, CARE, OR TREATMENT PROVIDE D BY A VETERINARY 24 | |
130 | + | PRACTITIONER . 25 | |
134 | 131 | ||
135 | - | 19–1102. | |
132 | + | (2) “VETERINARY EXPENSES ” INCLUDES THE COS T OF DRUGS 26 | |
133 | + | PRESCRIBED BY A VETE RINARY PRACTITIONER . 27 | |
136 | 134 | ||
137 | - | | |
138 | - | ||
139 | - | ||
135 | + | (J) “VETERINARY PRACTITION ER” HAS THE MEANING STAT ED IN § 2–301 28 | |
136 | + | OF THE AGRICULTURE ARTICLE. 29 | |
137 | + | 4 HOUSE BILL 647 | |
140 | 138 | ||
141 | - | – 4 – | |
142 | 139 | ||
143 | - | 19–1103. | |
140 | + | (K) “WAITING PERIOD” MEANS THE PERIOD OF TIME SPECIFIED IN A NEW 1 | |
141 | + | PET INSURANCE POLICY THAT MUST ELAPSE BEF ORE SOME OR ALL OF TH E 2 | |
142 | + | COVERAGE IN THE POLI CY BEGINS. 3 | |
144 | 143 | ||
145 | - | ( | |
146 | - | ||
144 | + | (L) “WELLNESS PROGRAM ” MEANS A SUBSCRIPTION – OR 4 | |
145 | + | REIMBURSEMENT –BASED PROGRAM THAT : 5 | |
147 | 146 | ||
148 | - | (1) | |
147 | + | (1) IS SEPARATE FROM A P ET INSURANCE POLICY ; AND 6 | |
149 | 148 | ||
150 | - | (2) SOLD, SOLICITED, NEGOTIATED , OR OFFERED IN THE STATE. | |
149 | + | (2) PROVIDES GOODS AND S ERVICES TO PROMOTE T HE GENERAL 7 | |
150 | + | HEALTH, SAFETY, OR WELL–BEING OF THE PET . 8 | |
151 | 151 | ||
152 | - | (B) ALL OTHER APPLICABLE PROVISIONS OF THIS A RTICLE APPLY TO PET | |
153 | - | INSURANCE, EXCEPT THAT SPECIFIC PROVISIONS OF THIS S UBTITLE SUPERSEDE | |
154 | - | ANY GENERAL PROVISIO NS OF THIS ARTICL E. | |
152 | + | 19–1102. 9 | |
155 | 153 | ||
156 | - | 19–1104. | |
154 | + | IT IS THE INTENT OF T HE GENERAL ASSEMBLY TO PROMOTE T HE PUBLIC 10 | |
155 | + | WELFARE BY CREATING A COMPREHENSIVE LEGA L FRAMEWORK WITHIN W HICH PET 11 | |
156 | + | INSURANCE MAY BE SOL D IN THE STATE. 12 | |
157 | 157 | ||
158 | - | (A) A PET INSURER TRANSACT ING PET INSURANCE SH ALL DISCLOSE THE | |
159 | - | FOLLOWING TO CONSUME RS: | |
158 | + | 19–1103. 13 | |
160 | 159 | ||
161 | - | ( | |
162 | - | ||
160 | + | (A) THIS SUBTITLE APPLIES ONLY TO PET INSURANCE POL ICIES OR 14 | |
161 | + | CERTIFICATES THAT AR E: 15 | |
163 | 162 | ||
164 | - | ( | |
163 | + | (1) ISSUED TO A RESIDENT OF THE STATE; OR 16 | |
165 | 164 | ||
166 | - | ( | |
165 | + | (2) SOLD, SOLICITED, NEGOTIATED , OR OFFERED IN THE STATE. 17 | |
167 | 166 | ||
168 | - | (III) A CONGENITAL ANOMALY OR DIS ORDER; OR | |
167 | + | (B) ALL OTHER APPLICABLE PROVISIONS OF THIS A RTICLE APPLY TO PET 18 | |
168 | + | INSURANCE, EXCEPT THAT SPECIFIC PROVISIONS OF THIS SUBTITLE SUP ERSEDE 19 | |
169 | + | ANY GENERAL PROVISIO NS OF THIS ARTICLE . 20 | |
169 | 170 | ||
170 | - | ||
171 | + | 19–1104. 21 | |
171 | 172 | ||
172 | - | (2) ANY POLICY PROVISION THAT LIMITS COVERAGE THROUGH A | |
173 | - | WAITING PERIOD , A DEDUCTIBLE , COINSURANCE , OR AN ANNUAL OR LIFE TIME | |
174 | - | POLICY LIMIT; | |
173 | + | (A) A PET INSURER TRANSACT ING PET INSURANCE SH ALL DISCLOSE THE 22 | |
174 | + | FOLLOWING TO CONSUME RS: 23 | |
175 | 175 | ||
176 | - | (3) WHETHER THE PET INSU RER REDUCES COVERAGE OR INCREASES | |
177 | - | PREMIUMS BASED ON TH E INSURED’S CLAIM HISTORY , THE AGE OF THE COVER ED | |
178 | - | PET, OR A CHANGE IN THE G EOGRAPHIC LOCATION O F THE INSURED; AND | |
176 | + | (1) ALL POLICY EXCLUSION S, INCLUDING EXCLUSIONS OF COVERAGE 24 | |
177 | + | DUE TO: 25 | |
179 | 178 | ||
180 | - | (4) THE IDENTITY OF THE UNDERWRITING COMPANY IF THE | |
181 | - | COMPANY DIFFERS FROM THE BRAND NAME USED TO MARKET AND SE LL THE PET | |
182 | - | INSURANCE POLICY . | |
179 | + | (I) A PREEXISTING CONDIT ION; 26 | |
183 | 180 | ||
184 | - | (B) (1) A NOTICE SHALL BE PROM INENTLY PRINTED ON O R ATTACHED TO | |
185 | - | THE FACE OF THE PET INSURANCE POLICY THA T STATES THAT: WES MOORE, Governor Ch. 740 | |
181 | + | (II) A HEREDITARY DISORDE R; 27 | |
186 | 182 | ||
187 | - | – 5 – | |
183 | + | (III) A CONGENITAL ANOMALY OR DISORDER; OR 28 | |
184 | + | HOUSE BILL 647 5 | |
188 | 185 | ||
189 | - | (I) THE POLICY MAY BE SU RRENDERED TO THE INS URER FOR | |
190 | - | CANCELLATION WITHIN 10 DAYS AFTER THE DATE THE POLICY IS DELIVERED TO | |
191 | - | THE INSURED; AND | |
192 | 186 | ||
193 | - | (II) IF A POLICY IS CANCE LED DURING THE 10–DAY PERIOD, A | |
194 | - | PRO RATA PREMIUM FOR THE UNEXPIRED TERM O F THE POLICY SHALL B E | |
195 | - | RETURNED TO THE INSU RED. | |
187 | + | (IV) A CHRONIC CONDITION ; 1 | |
196 | 188 | ||
197 | - | (2) | |
198 | - | ||
199 | - | ||
189 | + | (2) ANY POLICY PROVISION THAT LIMITS COVERAGE THROUGH A 2 | |
190 | + | WAITING PERIOD , A DEDUCTIBLE , COINSURANCE , OR AN ANNU AL OR LIFETIME 3 | |
191 | + | POLICY LIMIT; 4 | |
200 | 192 | ||
201 | - | ( | |
202 | - | OF THE | |
203 | - | ||
193 | + | (3) WHETHER THE PET INSU RER REDUCES COVERAGE OR INCREASES 5 | |
194 | + | PREMIUMS BASED ON TH E INSURED’S CLAIM HISTORY , THE AGE OF THE COVER ED 6 | |
195 | + | PET, OR A CHANGE IN THE G EOGRAPHIC LOCATION O F THE INSURED; AND 7 | |
204 | 196 | ||
205 | - | (1) WITHIN THE POLICY ; | |
197 | + | (4) THE IDENTITY OF THE UNDERWRITING COMPANY IF T HE 8 | |
198 | + | COMPANY DIFFERS FROM THE BRAND NAME USED TO MARKET AND SELL T HE PET 9 | |
199 | + | INSURANCE POLICY . 10 | |
206 | 200 | ||
207 | - | (2) BEFORE ISSUING THE P OLICY; AND | |
201 | + | (B) (1) A NOTICE SHALL BE PROM INENTLY PRINTED ON O R ATTACHED TO 11 | |
202 | + | THE FACE OF THE PET INSURANCE POLICY THA T STATES THAT: 12 | |
208 | 203 | ||
209 | - | ( | |
210 | - | ||
211 | - | ||
204 | + | (I) THE POLICY MAY BE SURRENDERED TO THE I NSURER FOR 13 | |
205 | + | CANCELLATION WITHIN 10 DAYS AFTER THE DATE THE POLICY IS DELIVE RED TO 14 | |
206 | + | THE INSURED; AND 15 | |
212 | 207 | ||
213 | - | (D) IF A PET INSURER USES A BENEFIT SCHEDULE TO DETERM INE CLAIM | |
214 | - | PAYMENT UNDER A PET INSURANCE POLICY , THE PET INSURER SHAL L: | |
208 | + | (II) IF A POLICY IS CANCE LED DURING THE 10–DAY PERIOD, A 16 | |
209 | + | PRO RATA PREMIUM FOR THE UNEXPIRED TERM O F THE POLICY SHALL B E 17 | |
210 | + | RETURNED TO THE INSURED. 18 | |
215 | 211 | ||
216 | - | (1) CLEARLY DISCLOSE THE APPLICABLE BENEFIT S CHEDULE IN THE | |
217 | - | POLICY; AND | |
212 | + | (2) AN INSURED IS NOT ENT ITLED TO A PRO RATA PREMIUM IN 19 | |
213 | + | ACCORDANCE WITH PARA GRAPH (1)(II) OF THIS SUBSECTION I F THE INSURED HAS 20 | |
214 | + | MADE A CLAIM UNDER T HE PET INSURANCE POL ICY. 21 | |
218 | 215 | ||
219 | - | (2) DISCLOSE ALL BENEFIT SCHEDULES USED BY TH E PET INSURER | |
220 | - | UNDER ITS PET INSURA NCE POLICIES THROUGH A C LEAR AND CONSPICUOUS LINK | |
221 | - | ON THE MAIN PAGE OF THE WEBSITE OF THE P ET INSURER OR PET IN SURER’S | |
222 | - | PROGRAM ADMINISTRATO R. | |
216 | + | (C) A PET INSURER SHALL CL EARLY DISCLOSE A SUM MARY DESCRIPTION 22 | |
217 | + | OF THE BASIS OR FORMULA ON WHICH THE PET INS URER DETERMINES CLAI M 23 | |
218 | + | PAYMENTS UNDER A PET INSURANCE POLICY : 24 | |
223 | 219 | ||
224 | - | (E) IF A PET INSURER DETE RMINES CLAIM PAYMENT S UNDER A PET | |
225 | - | INSURANCE POLICY THA T ARE BASED ON USUAL AND CUSTOMARY FEE S, OR ANY | |
226 | - | OTHER REIMBURSEMENT LIMITATION BASED ON PREVAILING VETERINAR Y | |
227 | - | PRACTITIONER CHARGES , THE PET INSURER SHAL L: | |
220 | + | (1) WITHIN THE POLICY ; 25 | |
228 | 221 | ||
229 | - | (1) INCLUDE A USUAL AND CUSTOMARY FEE LIMITA TION PROVISION | |
230 | - | IN THE POLICY THAT C LEARLY DESCRIBES : | |
231 | - | Ch. 740 2024 LAWS OF MARYLAND | |
222 | + | (2) BEFORE ISSUING THE P OLICY; AND 26 | |
232 | 223 | ||
233 | - | ||
234 | - | ||
235 | - | ||
224 | + | (3) THROUGH A CLEAR AND CONSPICUOUS LINK ON THE MAIN PAGE 27 | |
225 | + | OF THE WEBSITE OF TH E PET IN SURER OR PET INSURER ’S PROGRAM 28 | |
226 | + | ADMINISTRATOR . 29 | |
236 | 227 | ||
237 | - | (II) HOW THE BASIS IS APP LIED IN CALCULATING CLAIM | |
238 | - | PAYMENTS; AND | |
228 | + | (D) IF A PET INSURER USES A BENEFIT SCHEDULE T O DETERMINE CLAIM 30 | |
229 | + | PAYMENT UNDER A PET INSURANCE POLICY , THE PET INSURER SHAL L: 31 | |
230 | + | 6 HOUSE BILL 647 | |
239 | 231 | ||
240 | - | (2) DISCLOSE THE PET INS URER’S BASIS FOR DETERMIN ING USUAL | |
241 | - | AND CUSTOMARY FEES T HROUGH A CLEAR AND C ONSPICUOUS LINK ON T HE MAIN | |
242 | - | PAGE OF THE WEBSIT E OF THE PET INSURER OR PET INSURER ’S PROGRAM | |
243 | - | ADMINISTRATOR . | |
244 | 232 | ||
245 | - | ( | |
246 | - | ||
233 | + | (1) CLEARLY DISCLOSE THE APPLICABLE BENEFIT S CHEDULE IN THE 1 | |
234 | + | POLICY; AND 2 | |
247 | 235 | ||
248 | - | (1) CLEARLY AND CONSPICU OUSLY DISCLOSE THE R EQUIRED | |
249 | - | ASPECTS OF THE EXAMI NATION BEFORE PURCHASE OF T HE PET INSURANCE POL ICY; | |
250 | - | AND | |
236 | + | (2) DISCLOSE ALL BENEFIT SCHEDULES USED BY TH E PET INSURER 3 | |
237 | + | UNDER ITS PET INSURA NCE POLICIES THROUGH A CLEAR AND CONSPICU OUS LINK 4 | |
238 | + | ON THE MAIN PAGE OF THE WEBSITE OF THE P ET INSURER OR PET IN SURER’S 5 | |
239 | + | PROGRAM ADMINISTRATO R. 6 | |
251 | 240 | ||
252 | - | (2) DISCLOSE THAT EXAMIN ATION DOCUMENTATION MAY RESULT IN | |
253 | - | A PREEXISTING CONDIT ION EXCLUSION. | |
241 | + | (E) IF A PET INSURER DETE RMINES CLAIM P AYMENTS UNDER A PET 7 | |
242 | + | INSURANCE POLICY THA T ARE BASED ON USUAL AND CUSTOMARY FEES , OR ANY 8 | |
243 | + | OTHER REIMBURSEMENT LIMITATION BASED ON PREVAILING VETERINAR Y 9 | |
244 | + | PRACTITIONER CHARGES , THE PET INSURER SHAL L: 10 | |
254 | 245 | ||
255 | - | (G) A PET INSURER SHALL CL EARLY AND PROMINENTL Y DISCLOSE ANY | |
256 | - | WAITING PERIODS AND THE REQUIREMENTS APP LICABLE TO THE WAITING PERIO DS | |
257 | - | BEFORE PURCHASE OF T HE PET INSURANCE POL ICY. | |
246 | + | (1) INCLUDE A USUAL AND CUSTOMARY FEE LIMITA TION PROVISION 11 | |
247 | + | IN THE POLICY THAT C LEARLY DESCRIBES : 12 | |
258 | 248 | ||
259 | - | (H) (1) A PET INSURER SHALL : | |
249 | + | (I) THE PET INSURER ’S BASIS FOR DETERMIN ING USUAL AND 13 | |
250 | + | CUSTOMARY FEES ; AND 14 | |
260 | 251 | ||
261 | - | (I) INCLUDE WITH A COPY OF THE PET INSURANCE POLICY A | |
262 | - | SUMMARY OF ALL POLIC Y PROVISIONS REQUIRE D IN ACCORDANCE WITH | |
263 | - | SUBSECTIONS (A) THROUGH (G) OF THIS SECTION IN A SEPARAT E DOCUMENT IN AT | |
264 | - | LEAST 12 POINT TYPE TITLED : “INSURER DISCLOSURE OF IMPORTANT POLICY | |
265 | - | PROVISIONS”; AND | |
252 | + | (II) HOW THE BASIS IS APP LIED IN CALCULATING CLAIM 15 | |
253 | + | PAYMENTS; AND 16 | |
266 | 254 | ||
267 | - | ( | |
268 | - | ||
269 | - | ||
270 | - | ||
255 | + | (2) DISCLOSE THE PET INS URER’S BASIS FOR DETERMIN ING USUAL 17 | |
256 | + | AND CUSTOMARY FEES THROU GH A CLEAR AND CONSP ICUOUS LINK ON THE M AIN 18 | |
257 | + | PAGE OF THE WEBSITE OF THE PET INSURER O R PET INSURER ’S PROGRAM 19 | |
258 | + | ADMINISTRATOR . 20 | |
271 | 259 | ||
272 | - | (2) THE DOCUMENT REQUIRED UNDER PARAGRAPH (1)(I) OF THIS | |
273 | - | SUBSECTION SHALL INC LUDE ALL RELEVANT DE FINITIONS ESTABLISHE D UNDER § | |
274 | - | 19–1101 OF THIS SUBTITLE. | |
275 | - | WES MOORE, Governor Ch. 740 | |
260 | + | (F) IF A MEDICAL EXAMINAT ION BY A VETERINARY PRACTITIONER IS 21 | |
261 | + | REQUIRED TO BEGIN CO VERAGE, THE PET INSURER SHAL L: 22 | |
276 | 262 | ||
277 | - | – 7 – | |
278 | - | (I) AT THE TIME A PET INSURANCE POLICY IS ISSUED OR DELIVER ED TO A | |
279 | - | POLICYHOLDER , THE PET INSURER SHAL L INCLUDE THE FOLLOW ING | |
280 | - | INFORMATION , PRINTED IN 12 POINT BOLDFACE TYPE : | |
263 | + | (1) CLEARLY AND CONSPICU OUSLY DISCLOSE THE R EQUIRED 23 | |
264 | + | ASPECTS OF THE EXAMI NATION BEFORE PURCHA SE OF THE PET INSURA NCE POLICY; 24 | |
265 | + | AND 25 | |
281 | 266 | ||
282 | - | ( | |
283 | - | ||
267 | + | (2) DISCLOSE THAT EXAMIN ATION DOCUMENTATION MAY RESULT IN 26 | |
268 | + | A PREEXISTING CONDIT ION EXCLUSION. 27 | |
284 | 269 | ||
285 | - | ( | |
286 | - | ||
287 | - | ||
270 | + | (G) A PET INSURER SHALL CL EARLY AND PROMINENTL Y DISCLOSE ANY 28 | |
271 | + | WAITING PERIODS AND THE REQUIREMENTS APP LICABLE TO THE WAITI NG PERIODS 29 | |
272 | + | BEFORE PURCHASE OF T HE PET INSURANCE POL ICY. 30 | |
288 | 273 | ||
289 | - | (3) IF THE POLICY WAS IS SUED OR DELIVERED BY AN INSURANCE | |
290 | - | PRODUCER, A STATEMENT ADVISING THE POLICYHOLDER TO CONTACT THE | |
291 | - | INSURANCE PRODUCER FO R ASSISTANCE. | |
274 | + | (H) (1) A PET INSURER SHALL : 31 | |
275 | + | HOUSE BILL 647 7 | |
292 | 276 | ||
293 | - | (J) THE DISCLOSURE REQUIR EMENTS REQUIRED IN A CCORDANCE WITH | |
294 | - | THIS SECTION SHALL B E IN ADDITION TO ANY OTHER APPLICABLE DIS CLOSURE | |
295 | - | REQUIREMENTS UNDER T HIS ARTICLE OR REGUL ATIONS ADOPTED UNDER THIS | |
296 | - | ARTICLE. | |
297 | 277 | ||
298 | - | 19–1105. | |
278 | + | (I) INCLUDE WITH A COPY OF THE PET INSURANCE POLICY A 1 | |
279 | + | SUMMARY OF ALL POLICY PROVISIONS RE QUIRED IN ACCORDANCE WITH 2 | |
280 | + | SUBSECTIONS (A) THROUGH (G) OF THIS SECTION IN A SEPARATE DOCUMENT IN AT 3 | |
281 | + | LEAST 12 POINT TYPE TITLED : “INSURER DISCLOSURE OF IMPORTANT POLICY 4 | |
282 | + | PROVISIONS”; AND 5 | |
299 | 283 | ||
300 | - | (A) (1) A PET INSURER MAY ISSU E POLICIES THAT EXCL UDE COVERAGE | |
301 | - | ON THE BASIS OF ONE OR MORE PREEXISTING CONDITIONS WITH APPR OPRIATE | |
302 | - | DISCLOSURE TO THE CO NSUMER. | |
284 | + | (II) INCLUDE THE DOCUMENT REQUIRED UNDER ITEM (I) OF 6 | |
285 | + | THIS PARAGRAPH ON TH E WEBSITE OF THE PET INSURER OR PET INSUR ER’S 7 | |
286 | + | PROGRAM ADMINISTRATO R THROUGH A CLEAR AN D CONSPICUOUS LINK O N THE 8 | |
287 | + | MAIN PAGE OF THE WEB SITE. 9 | |
303 | 288 | ||
304 | - | (2) THE | |
305 | - | ||
306 | - | ||
289 | + | (2) THE DOCUMENT REQUIRED UNDER PARAGRAPH (1)(I) OF THIS 10 | |
290 | + | SUBSECTION SHALL INC LUDE ALL RELE VANT DEFINITIONS EST ABLISHED UNDER § 11 | |
291 | + | 19–1101 OF THIS SUBTITLE. 12 | |
307 | 292 | ||
308 | - | ||
309 | - | ||
310 | - | ||
293 | + | (I) AT THE TIME A PET INS URANCE POLICY IS ISS UED OR DELIVERED TO A 13 | |
294 | + | POLICYHOLDER , THE PET INSURER SHAL L INCLUDE THE FOLLOW ING 14 | |
295 | + | INFORMATION , PRINTED IN 12 POINT BOLDFACE TYPE : 15 | |
311 | 296 | ||
312 | - | ( | |
313 | - | ||
297 | + | (1) THE ADMINISTRATION’S MAILING ADDRESS , TOLL–FREE 16 | |
298 | + | TELEPHONE NUMBER , AND WEBSITE ADDRESS ; 17 | |
314 | 299 | ||
315 | - | (III) A PET INSURER MAY NOT IMPOSE A WAITING PER IOD FOR | |
316 | - | AN ILLNESS OR ORTHOP EDIC CONDITION THAT RESULTS FROM AN ACCI DENT. | |
300 | + | (2) THE ADDRESS AND CUST OMER SERVICE TELEPHO NE NUMBER OF 18 | |
301 | + | THE PET INSURER OR T HE INSURANCE PRODUCE R OF RECORD FOR THE PET 19 | |
302 | + | INSURER; AND 20 | |
317 | 303 | ||
318 | - | (2) (I) A PET INSURER THAT IMP OSES A WAITING PERIOD UNDER | |
319 | - | PARAGRAPH (1) OF THIS SUBSECTION S HALL INCLUDE A PROVI SION IN THE PET | |
320 | - | INSURANCE POLICY THA T ALLOWS FOR THE WAI VING OF WAITING PERI ODS ON | |
321 | - | COMPLETION OF A MEDI CAL EXAMINATION . Ch. 740 2024 LAWS OF MARYLAND | |
304 | + | (3) IF THE POLICY WAS IS SUED OR DELIVERE D BY AN INSURANCE 21 | |
305 | + | PRODUCER, A STATEMENT ADVISING THE POLICYHOLDER TO CONTACT THE 22 | |
306 | + | INSURANCE PRODUCER F OR ASSISTANCE. 23 | |
322 | 307 | ||
323 | - | – 8 – | |
308 | + | (J) THE DISCLOSURE REQUIR EMENTS REQUIRED IN A CCORDANCE WITH 24 | |
309 | + | THIS SECTION SHALL B E IN ADDITION TO ANY OTHER APPLICABLE DIS CLOSURE 25 | |
310 | + | REQUIREME NTS UNDER THIS ARTIC LE OR REGULATIONS AD OPTED UNDER THIS 26 | |
311 | + | ARTICLE. 27 | |
324 | 312 | ||
325 | - | (II) 1. A PET INSURER MAY REQU IRE A MEDICAL | |
326 | - | EXAMINATION UN DER SUBPARAGRAPH (I) OF THIS PARAGRAPH TO BE CONDUCTED | |
327 | - | BY A VETERINARY PRAC TITIONER AFTER THE P URCHASE OF THE POLIC Y. | |
313 | + | 19–1105. 28 | |
328 | 314 | ||
329 | - | 2. UNLESS THE PET INSURA NCE POLICY SPECIFIES | |
330 | - | THAT THE PET INSURER WILL PAY FOR A MEDIC AL EXAMINATION UNDER | |
331 | - | SUBPARAGRAPH (I) OF THIS PARAGRAPH , A POLICYHOLDER SHALL PAY FOR THE | |
332 | - | MEDICAL EXAMINATION . | |
315 | + | (A) (1) A PET INSURER MAY ISSU E POLICIES THAT EXCL UDE COVERAGE 29 | |
316 | + | ON THE BASIS OF ONE OR MORE PREEXISTING CONDITIONS WITH APPR OPRIATE 30 | |
317 | + | DISCLOSURE TO THE CO NSUMER. 31 | |
333 | 318 | ||
334 | - | 3. A PET INSURER MAY : | |
319 | + | (2) THE PET INSURER HAS THE BURD EN OF PROVING THAT T HE 32 | |
320 | + | PREEXISTING CONDITIO N EXCLUSION APPLIES TO THE CONDITION FOR WHICH A 33 | |
321 | + | CLAIM IS MADE. 34 8 HOUSE BILL 647 | |
335 | 322 | ||
336 | - | A. SPECIFY ELEMENTS TO BE INCLUDED AS PART OF A | |
337 | - | MEDICAL EXAMINATION UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH ; AND | |
338 | 323 | ||
339 | - | B. IF THE SPECIFICATION S DO NOT UNREASONABL Y | |
340 | - | RESTRICT A POLICYHOL DER’S ABILITY TO WAIVE T HE WAITING PERIOD , REQUIRE | |
341 | - | DOCUMENTATION OF THE MEDICAL EXAMINATION . | |
342 | 324 | ||
343 | - | ( | |
344 | - | ||
345 | - | ||
325 | + | (B) (1) (I) SUBJECT TO SUBPARAGRA PHS (II) AND (III) OF THIS 1 | |
326 | + | PARAGRAPH , A PET INSURER MAY IS SUE A POLICY THAT IM POSES A WAITING PERIOD 2 | |
327 | + | BEFORE COVERAGE UNDE R THE POLICY BEGINS . 3 | |
346 | 328 | ||
347 | - | (C) A PET INSURER SHALL RE QUIRE THAT AN INSURE D SUBMIT A CLAIM | |
348 | - | UNDER THE PET INSURA NCE POLICY AFTER SUB MITTING P AYMENT TO THE | |
349 | - | VETERINARY PRACTITIO NER FOR VETERINARY E XPENSES. | |
329 | + | (II) A WAITING PERIOD MAY N OT EXCEED 30 DAYS FOR AN 4 | |
330 | + | ILLNESS OR ORTHOPEDI C CONDITION THAT DOE S NOT RESULT FROM AN ACCIDENT. 5 | |
350 | 331 | ||
351 | - | ( | |
352 | - | ||
332 | + | (III) A PET INSURER MAY NOT IMPOSE A WAITING PER IOD FOR 6 | |
333 | + | AN ILLNESS OR ORTHOP EDIC CONDITION THAT R ESULTS FROM AN ACCID ENT. 7 | |
353 | 334 | ||
354 | - | (E) A PRESCRIPTIVE, WELLNESS, OR NONINSURANCE BENE FIT INCLUDED | |
355 | - | IN THE POLICY FORM FOR A PE T INSURANCE POLICY I S PART OF THE POLICY AND | |
356 | - | SUBJECT TO THIS ARTI CLE AND REGULATIONS ADOPTED UNDER THIS A RTICLE. | |
335 | + | (2) (I) A PET INSURER THAT IMP OSES A WAITING PERIO D UNDER 8 | |
336 | + | PARAGRAPH (1) OF THIS SUBSECTION S HALL INCLUDE A PROVI SION IN THE PET 9 | |
337 | + | INSURANCE POLICY THA T ALLOWS FOR THE WAI VING OF WAITING PERI ODS ON 10 | |
338 | + | COMPLETION OF A MEDICAL EXAMINATIO N. 11 | |
357 | 339 | ||
358 | - | ( | |
359 | - | ||
360 | - | ||
340 | + | (II) 1. A PET INSURER MAY REQU IRE A MEDICAL 12 | |
341 | + | EXAMINATION UNDER SU BPARAGRAPH (I) OF THIS PARAGRAPH TO BE CONDUCTED 13 | |
342 | + | BY A VETERINARY PRAC TITIONER AFTER THE P URCHASE OF THE POLIC Y. 14 | |
361 | 343 | ||
362 | - | 19–1106. | |
344 | + | 2. UNLESS THE PET INSURA NCE POLICY SPECIFIES 15 | |
345 | + | THAT THE PET INSURER W ILL PAY FOR A MEDICA L EXAMINATION UNDER 16 | |
346 | + | SUBPARAGRAPH (I) OF THIS PARAGRAPH , A POLICYHOLDER SHALL PAY FOR THE 17 | |
347 | + | MEDICAL EXAMINATION . 18 | |
363 | 348 | ||
364 | - | (A) A PET INSURER OR PET I NSURANCE PRODUCER MA Y NOT: | |
365 | - | WES MOORE, Governor Ch. 740 | |
349 | + | 3. A PET INSURER MAY : 19 | |
366 | 350 | ||
367 | - | – 9 – | |
368 | - | (1), EXCEPT AS PROVIDED I N SUBSECTION (C) OF THIS SECTION AND § | |
369 | - | 19–1107 OF THIS SUBTITLE , MARKET A WELLNESS PR OGRAM AS A PET INSUR ANCE | |
370 | - | POLICY; OR | |
351 | + | A. SPECIFY ELEMENTS TO BE INCLUDED AS PART OF A 20 | |
352 | + | MEDICAL EXAMINATION UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH ; AND 21 | |
371 | 353 | ||
372 | - | (2) MARKET A WELLNESS PR OGRAM DURING THE SAL E, | |
373 | - | SOLICITATION, OR NEGOTIATION OF A PET INSURANCE POLICY . | |
354 | + | B. IF THE SPECIFICATION S DO NOT UNREASONABL Y 22 | |
355 | + | RESTRICT A POLICYHOL DER’S ABILITY TO WAIVE T HE WAITING PERIOD , REQUIRE 23 | |
356 | + | DOCUMENTATION OF THE MEDICAL EXAMINATION . 24 | |
374 | 357 | ||
375 | - | (B) IF A PET INSURER OR P ET INSURANCE PRODUCE R SELLS A WELLNESS | |
376 | - | PROGRAM: | |
358 | + | (3) A PET INSURER SHALL CL EARLY AND PROMINENTL Y DISCLOSE 25 | |
359 | + | REQUIREMENTS WITH RE SPECT TO APPLICABLE WAITING PERIODS BEFO RE 26 | |
360 | + | PURCHASE OF THE POLI CY. 27 | |
377 | 361 | ||
378 | - | (1) THE PURCHASE OF THE WELLNESS PROGRAM MAY NOT BE A | |
379 | - | REQUIREMENT TO PURCH ASE THE PET INSURANC E; | |
362 | + | (C) A PET INSURER SHALL RE QUIRE THAT AN INSURE D SUBMIT A CLAIM 28 | |
363 | + | UNDER THE PET INSURA NCE POLICY AFTER SUB MITTING PAYMENT TO T HE 29 | |
364 | + | VETERINARY PRACTITIO NER FOR VETERINARY EXPENSES . 30 | |
380 | 365 | ||
381 | - | (2) THE COSTS AND THE TE RMS AND CONDITIONS O F THE WELLNESS | |
382 | - | PROGRAM SHALL BE SEP ARATE AND IDENTIFIAB LE FROM ANY PET INSU RANCE | |
383 | - | POLICY SOLD BY A PET INSURER OR PET INSUR ANCE PRODUCER ; | |
366 | + | (D) A PET INSURER MAY NOT REQUIRE A MEDICAL EX AMINATION OF THE 31 | |
367 | + | COVERED PET AS A CON DITION FOR THE RENEW AL OF A POLICY. 32 HOUSE BILL 647 9 | |
384 | 368 | ||
385 | - | (3) THE PRODUCTS OR COVE RAGES AVAILABLE THROUG H THE | |
386 | - | WELLNESS PROGRAM MAY NOT DUPLICATE PRODUC TS OR COVERAGES AVAI LABLE | |
387 | - | THROUGH THE PET INSU RANCE POLICY; | |
388 | 369 | ||
389 | - | (4) THE ADVERTISING OF T HE WELLNESS PROGRAM SHALL | |
390 | - | ACCURATELY AND CLEAR LY DESCRIBE THE WELL NESS PROGRAM ; AND | |
391 | 370 | ||
392 | - | (5) THE PET INS URER OR PET INSURANC E PRODUCER SHALL | |
393 | - | CLEARLY AND IN 12 POINT BOLDFACE TYPE DISCLOSE TO CONSUMER S: | |
371 | + | (E) A PRESCRIPTIVE, WELLNESS, OR NONINSURANCE BENE FIT INCLUDED 1 | |
372 | + | IN THE POLICY FORM F OR A PET INSURANCE P OLICY IS PART OF THE POLICY A ND 2 | |
373 | + | SUBJECT TO THIS ARTI CLE AND REGULATIONS ADOPTED UNDER THIS A RTICLE. 3 | |
394 | 374 | ||
395 | - | ( | |
396 | - | ||
397 | - | ||
375 | + | (F) A PET INSURER MAY NOT CONDITION AN INSURED ’S ELIGIBILITY TO 4 | |
376 | + | PURCHASE A PET INSUR ANCE POLICY ON PARTI CIPATION, OR LACK OF 5 | |
377 | + | PARTICIPATION , IN A SEPARATE WELLNE SS PROGRAM. 6 | |
398 | 378 | ||
399 | - | (II) THE ADMINISTRATION’S MAILING ADDRESS , | |
400 | - | TOLL–FREE TELEPHONE NUMBE R, AND WEBSITE ADDRESS ; AND | |
379 | + | 19–1106. 7 | |
401 | 380 | ||
402 | - | (III) THE ADDRESS AND CUST OMER SERVICE TELEPHO NE | |
403 | - | NUMBER OF THE PET IN SURER OR PRODUCER OR INSURANCE PRODUCER O F | |
404 | - | RECORD FOR THE PET I NSURER. | |
381 | + | (A) A PET INSURER OR PET I NSURANCE PRODUCER MA Y NOT: 8 | |
405 | 382 | ||
406 | - | (C) COVERAGE THAT IS INCL UDED IN THE PET INSURANCE POLICY | |
407 | - | CONTRACT DESCRIBED A S A “WELLNESS” BENEFIT IS INSURANCE . | |
383 | + | (1), EXCEPT AS PROVIDED I N SUBSECTION (C) OF THIS SECTION AND § 9 | |
384 | + | 19–1107 OF THIS SUBTITLE , MARKET A WELLNESS PR OGRAM AS A PET INSUR ANCE 10 | |
385 | + | POLICY; OR 11 | |
408 | 386 | ||
409 | - | ||
410 | - | ||
387 | + | (2) MARKET A WELLNESS PR OGRAM DURING THE SALE , 12 | |
388 | + | SOLICITATION, OR NEGOTIATION OF A PET INSURANCE POLICY . 13 | |
411 | 389 | ||
412 | - | – 10 – | |
413 | - | IF A WELLNESS PROGRAM CONTRACTS TO INDEMNI FY OR TO PAY OR PROV IDE | |
414 | - | A SPECIFIED DETERMIN ABLE AMOUNT OR BENEF IT ON THE OCCURRENCE OF A | |
415 | - | DETERMINABLE CONTING ENCY, THE WELLNESS PROGRAM SHALL BE CONSIDERED | |
416 | - | INSURANCE AND BE SUB JECT TO THE PROVISIO NS OF THIS ARTICLE A ND | |
417 | - | REGULATIONS ADOPTED UNDER THIS ARTICLE . | |
390 | + | (B) IF A PET INSURER OR P ET INSURANCE PRODUCE R SELLS A WELLNESS 14 | |
391 | + | PROGRAM: 15 | |
418 | 392 | ||
419 | - | 19–1108. | |
393 | + | (1) THE PURCHASE OF THE WELLNESS PROGRAM MAY NOT BE A 16 | |
394 | + | REQUIREMENT TO PURCH ASE THE PET INSURANC E; 17 | |
420 | 395 | ||
421 | - | ( | |
422 | - | ||
423 | - | ||
396 | + | (2) THE COSTS AND THE TE RMS AND CONDITIONS O F THE WELLNESS 18 | |
397 | + | PROGRAM SHALL BE SEP ARATE AND IDENTIFIAB LE FROM ANY PET INSU RANCE 19 | |
398 | + | POLICY SOLD BY A PET INSURER OR PET INSUR ANCE PRODUCER ; 20 | |
424 | 399 | ||
425 | - | ( | |
426 | - | ||
427 | - | ||
400 | + | (3) THE PRODUCTS OR COVE RAGES AVAILABLE THRO UGH THE 21 | |
401 | + | WELLNESS PROGRAM MAY NOT DUPLICATE PRODUCTS O R COVERAGES AVAILABL E 22 | |
402 | + | THROUGH THE PET INSU RANCE POLICY; 23 | |
428 | 403 | ||
429 | - | ( | |
430 | - | ||
404 | + | (4) THE ADVERTISING OF T HE WELLNESS PROGRAM SHALL 24 | |
405 | + | ACCURATELY AND CLEAR LY DESCRIBE THE WELL NESS PROGRAM ; AND 25 | |
431 | 406 | ||
432 | - | (B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE | |
433 | - | COMMISSIONER MAY SUSP END THE CERTIFICATE OF AUTHORITY OF A PE T INSURER | |
434 | - | THAT FAILS TO COMPLY WITH AN ORDER OF THE COMMISSIONER WITHIN THE TIME | |
435 | - | SET BY THE ORDER OR ANY EXTENSION OF THA T TIME GRANTED BY TH E | |
436 | - | COMMISSIONER . | |
407 | + | (5) THE PET INSURER OR P ET INSURANCE PRODUCE R SHALL 26 | |
408 | + | CLEARLY AND I N 12 POINT BOLDFACE TYPE DISCLOSE TO CONSUMER S: 27 | |
437 | 409 | ||
438 | - | (2) THE COMMISSIONER MAY NOT SUSPEND THE CERTIFIC ATE OF | |
439 | - | AUTHORITY OF A PET I NSURER FOR FAILURE T O COMPLY WITH AN ORD ER: | |
410 | + | (I) THAT, EXCEPT AS PROVIDED I N SUBSECTION (C) OF THIS 28 | |
411 | + | SECTION AND § 19–1107 OF THIS SUBTITLE , WELLNESS PROGRAMS AR E NOT 29 | |
412 | + | INSURANCE; 30 | |
413 | + | 10 HOUSE BILL 647 | |
440 | 414 | ||
441 | - | (I) UNTIL THE TIME SET F OR AN APPEAL FROM THE ORDER HAS | |
442 | - | EXPIRED; OR | |
443 | 415 | ||
444 | - | (II) | |
445 | - | ||
416 | + | (II) THE ADMINISTRATION ’S MAILING ADDRESS , 1 | |
417 | + | TOLL–FREE TELEPHONE NUMBER, AND WEBSITE ADDRESS ; AND 2 | |
446 | 418 | ||
447 | - | (3) THE COMMISSIONER MAY DETE RMINE WHEN THE SUSPE NSION OF | |
448 | - | A CERTIFICATE OF AUT HORITY BECOMES EFFEC TIVE. | |
419 | + | (III) THE ADDRESS AND CUST OMER SERVICE TELEPHO NE 3 | |
420 | + | NUMBER OF THE PET IN SURER OR PRODUCER OR INSURANCE PRODUCER O F 4 | |
421 | + | RECORD FOR THE PET I NSURER. 5 | |
449 | 422 | ||
450 | - | ( | |
451 | - | ||
423 | + | (C) COVERAGE THAT IS INCL UDED IN THE PET INSU RANCE POLICY 6 | |
424 | + | CONTRACT DESCRIBED AS A “WELLNESS” BENEFIT IS INSURANCE . 7 | |
452 | 425 | ||
453 | - | (I) UNLESS THE COMMISSIONER MODIFIES OR RESCINDS THE | |
454 | - | SUSPENSION; OR | |
455 | - | WES MOORE, Governor Ch. 740 | |
426 | + | 19–1107. 8 | |
456 | 427 | ||
457 | - | – 11 – | |
458 | - | (II) UNTIL THE ORDER ON W HICH THE SUSPENSION IS BASED IS | |
459 | - | MODIFIED, RESCINDED, OR REVERSED . | |
428 | + | IF A WELLNESS PROGRAM CONTRACTS TO INDEMNI FY OR TO PAY OR PROV IDE 9 | |
429 | + | A SPECIFIED DETERMIN ABLE AMOUNT OR BENEF IT ON THE OCCURRENCE OF A 10 | |
430 | + | DETERMINABLE CONTING ENCY, THE WELLNESS PROGRAM SHALL BE CONSIDERED 11 | |
431 | + | INSURANCE AND BE SUB JECT TO THE PROVISIO NS OF THIS ARTICLE A ND 12 | |
432 | + | REGULATIONS ADOPTED UNDER THIS ARTICLE . 13 | |
460 | 433 | ||
461 | - | (C) (1) BEFORE THE COMMISSIONER IMPOSES A PENALTY OR SUSPENDS | |
462 | - | OR REVOKES A CERTIFI CATE OF AUTHORITY UN DER THIS SUBTITLE , THE | |
463 | - | COMMISSIONER SHALL IS SUE A WRITTEN ORDER THAT STATES THE FIND INGS OF | |
464 | - | THE COMMISSIONER . | |
434 | + | 19–1108. 14 | |
465 | 435 | ||
466 | - | (2) THE COMMISSIONER SHALL HO LD A HEARING BEFORE ISSUING | |
467 | - | AN ORDER UNDER PARAG RAPH (1) OF THIS SUBSECTION. | |
436 | + | (A) (1) IF THE COMMISSIONER FINDS TH AT A PERSON HAS VIOL ATED 15 | |
437 | + | THIS SUBTITLE, THE COMMISSIONER MAY IMPO SE A CIVIL PENALTY N OT EXCEEDING 16 | |
438 | + | $250 FOR EACH VIOLATION . 17 | |
468 | 439 | ||
469 | - | (3) THE COMMISSIONER SHALL GI VE WRITTEN NOTICE OF THE | |
470 | - | HEARING AT LEAST 10 DAYS BEFORE THE HEAR ING. | |
440 | + | (2) IF THE COMMISSIONER FINDS A VIOLATION OF THIS SU BTITLE TO 18 | |
441 | + | BE WILLFUL, THE COMMISSIONER MAY IMPO SE A CIVIL PENALTY N OT EXCEEDING 19 | |
442 | + | $1,000 FOR THE VIOLATION . 20 | |
471 | 443 | ||
472 | - | (4) THE NOTICE SHALL SPEC IFY THE ALLEGED VIOL ATION. | |
444 | + | (3) A PENALTY IMPOSED UNDE R THIS SUBSECTION IS IN ADDITION TO 21 | |
445 | + | ANY OTHER PE NALTY PROVIDED BY LA W. 22 | |
473 | 446 | ||
474 | - | 19–1109. | |
447 | + | (B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 23 | |
448 | + | COMMISSIONER MAY SUSP END THE CERTIFICATE OF AUTHORITY OF A PE T INSURER 24 | |
449 | + | THAT FAILS TO COMPLY WITH AN ORDER OF THE COMMISSIONER WITHIN T HE TIME 25 | |
450 | + | SET BY THE ORDER OR ANY EXTENSIO N OF THAT TIME GRANT ED BY THE 26 | |
451 | + | COMMISSIONER . 27 | |
475 | 452 | ||
476 | - | THE COMMISSIONER MAY | |
477 | - | ||
453 | + | (2) THE COMMISSIONER MAY NOT SUSPEND THE CERTIFIC ATE OF 28 | |
454 | + | AUTHORITY OF A PET I NSURER FOR FAILURE T O COMPLY WITH AN ORD ER: 29 | |
478 | 455 | ||
479 | - | SECTION 2. AND BE IT FURTHER ENACTED, That, on or before June 1, 2025, | |
480 | - | the Maryland Insurance Administration shall develop informational material about pet | |
481 | - | insurance policies that may be disseminated to and posted by veterinary practitioners in | |
482 | - | the State. | |
456 | + | (I) UNTIL THE TIME SET F OR AN APPEAL FROM TH E ORDER HAS 30 | |
457 | + | EXPIRED; OR 31 | |
458 | + | HOUSE BILL 647 11 | |
483 | 459 | ||
484 | - | SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall apply to all | |
485 | - | policies and contracts of pet insurance issued, delivered, or renewed in the State on or after | |
486 | - | January 1, 2025. | |
487 | 460 | ||
488 | - | | |
489 | - | ||
461 | + | (II) IF AN APPEAL HAS BEEN TAKE N, UNTIL THE ORDER HAS 1 | |
462 | + | BEEN AFFIRMED . 2 | |
490 | 463 | ||
491 | - | Approved by the Governor, May 16, 2024. | |
464 | + | (3) THE COMMISSIONER MAY DETE RMINE WHEN THE SUSPE NSION OF 3 | |
465 | + | A CERTIFICATE OF AUT HORITY BECOMES EFFEC TIVE. 4 | |
466 | + | ||
467 | + | (4) THE SUSPENSION SHALL REMAIN IN EFFECT FOR THE PERIOD SET 5 | |
468 | + | BY THE COMMISSIONER : 6 | |
469 | + | ||
470 | + | (I) UNLESS THE COMMISSIONER MODIFIES OR RESCINDS THE 7 | |
471 | + | SUSPENSION; OR 8 | |
472 | + | ||
473 | + | (II) UNTIL THE ORDER ON W HICH THE SUSPENSION IS BASED IS 9 | |
474 | + | MODIFIED, RESCINDED, OR REVERSED . 10 | |
475 | + | ||
476 | + | (C) (1) BEFORE THE COMMISSIONER IMPOSES A PENALTY OR SUSPEND S 11 | |
477 | + | OR REVOKES A CERTIFI CATE OF AUT HORITY UNDER THIS SU BTITLE, THE 12 | |
478 | + | COMMISSIONER SHALL IS SUE A WRITTEN ORDER THAT STATES THE FIND INGS OF 13 | |
479 | + | THE COMMISSIONER . 14 | |
480 | + | ||
481 | + | (2) THE COMMISSIONER SHALL HO LD A HEARING BEFORE ISSUING 15 | |
482 | + | AN ORDER UNDER PARAG RAPH (1) OF THIS SUBSECTION . 16 | |
483 | + | ||
484 | + | (3) THE COMMISSIONER SHALL GIVE WRITTEN N OTICE OF THE 17 | |
485 | + | HEARING AT LEAST 10 DAYS BEFORE THE HEAR ING. 18 | |
486 | + | ||
487 | + | (4) THE NOTICE SHALL SPEC IFY THE ALLEGED VIOL ATION. 19 | |
488 | + | ||
489 | + | 19–1109. 20 | |
490 | + | ||
491 | + | THE COMMISSIONER MAY ADOP T REGULATIONS TO CAR RY OUT THIS 21 | |
492 | + | SUBTITLE. 22 | |
493 | + | ||
494 | + | SECTION 2. AND BE IT FURTHER ENACTED, That , on or before June 1, 2025, 23 | |
495 | + | the Maryland Insurance Administration shall develop informational material about pet 24 | |
496 | + | insurance policies that may be disseminated to and posted by veterinary practitioners in 25 | |
497 | + | the State. 26 | |
498 | + | ||
499 | + | SECTION 3. AND BE IT FURTHER ENACTED, Th at this Act shall apply to all 27 | |
500 | + | policies and contracts of pet insurance issued, delivered, or renewed in the State on or after 28 | |
501 | + | January 1, 2025. 29 | |
502 | + | ||
503 | + | SECTION 3. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 30 | |
504 | + | October January 1, 2024 2025. 31 | |
505 | + |