Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 1338
       
       
       
       
       
       
                                Ì159918TÎ159918                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/08/2024           .                                
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       The Committee on Banking and Insurance (DiCeglie) recommended
       the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 624.604, Florida Statutes, is amended to
    6  read:
    7         624.604 “Property insurance” defined.—“Property insurance”
    8  is insurance on real or personal property of every kind and of
    9  every interest therein, whether on land, water, or in the air,
   10  against loss or damage from any and all hazard or cause, and
   11  against loss consequential upon such loss or damage, other than
   12  noncontractual legal liability for any such loss or damage.
   13  Property insurance may include pet insurance that provides
   14  coverage for accidents and for illnesses or diseases of pets.
   15  Property insurance may contain a provision for accidental death
   16  or injury as part of a multiple peril homeowner’s policy. Such
   17  insurance, which is incidental to the property insurance, is not
   18  subject to the provisions of this code applicable to life or
   19  health insurance. Property insurance does not include title
   20  insurance, as defined in s. 624.608.
   21         Section 2. Paragraph (hh) is added to subsection (1) of
   22  section 626.9541, Florida Statutes, to read:
   23         626.9541 Unfair methods of competition and unfair or
   24  deceptive acts or practices defined.—
   25         (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
   26  ACTS.—The following are defined as unfair methods of competition
   27  and unfair or deceptive acts or practices:
   28         (hh)Sales practices for pet wellness programs.
   29         1.A pet insurance agent may not market a wellness program
   30  as pet insurance.
   31         2.If a wellness program is sold by a pet insurance agent:
   32         a.The purchase of the wellness program may not be a
   33  prerequiste to the purchase of pet insurance;
   34         b.The costs of the wellness program must be separate and
   35  identifiable from any pet insurance policy sold by the pet
   36  insurance agent;
   37         c.The terms and conditions of the wellness program must be
   38  separate from any pet insurance policy sold by the agent;
   39         d.The products or coverages available through the wellness
   40  program may not duplicate the products or coverages available
   41  through the pet insurance policy; and
   42         e.The advertising of the wellness program must not be
   43  misleading.
   44         Section 3. Section 627.71545, Florida Statutes, is created
   45  to read:
   46         627.71545Pet insurance; noninsurance wellness programs.—
   47         (1)This section may be cited as the “Pet Insurance Act.”
   48         (2)The purpose of this section is to promote the public
   49  welfare by creating a comprehensive regulatory framework within
   50  which pet insurance may be sold in this state.
   51         (3)This section applies to all of the following:
   52         (a)Pet insurance policies that are issued to any resident
   53  of this state or that are sold, solicited, negotiated, or
   54  offered in this state.
   55         (b)Pet insurance policies or certificates that are
   56  delivered or issued for delivery in the state.
   57         (4)(a)This section may not be construed to prohibit or
   58  limit the types of exclusions pet insurers may use in their
   59  policies or to require pet insurers to include in such policies
   60  any of the limitations or exclusions specified in subsection
   61  (9).
   62         (b)All other applicable provisions of the Florida
   63  Insurance Code apply to pet insurance, except that this section
   64  supersedes any general provisions of the Florida Insurance Code
   65  which otherwise apply to pet insurance.
   66         (5)(a)As used in this section, the term:
   67         1.“Chronic condition” means a condition that can be
   68  treated or managed, but not cured.
   69         2.“Congenital anomaly or disorder” means a condition that
   70  is present from birth, whether inherited or caused by the
   71  environment, and that may cause or contribute to illness or
   72  disease.
   73         3.“Hereditary disorder” means an abnormality that is
   74  genetically transmitted from parent to offspring and may cause
   75  illness or disease.
   76         4.“Orthopedic” refers to a condition that affects the
   77  bones, skeletal muscle, cartilage, tendons, ligaments, or
   78  joints. Orthopedic conditions include, but are not limited to,
   79  elbow dysplasia, hip dysplasia, intervertebral disc
   80  degeneration, patellar luxation, and cranial cruciate ligament
   81  rupture but do not include any cancer or any metabolic,
   82  hematopoietic, or autoimmune disease.
   83         5.“Pet insurance” means an insurance policy that provides
   84  coverage for accidents and for illnesses and diseases of pets.
   85  Such insurance reimburses a policyholder for expenses associated
   86  with medical advice, diagnosis, care, or treatment provided by a
   87  veterinarian, including, but not limited to, the cost of drugs
   88  prescribed by the veterinarian.
   89         6.“Pet insurance policy” or “policy” includes pet
   90  insurance certificates.
   91         7.“Preexisting condition” means a condition for which any
   92  of the following is true before the effective date or during a
   93  waiting period applicable to a pet insurance policy:
   94         a.A veterinarian provided medical advice.
   95         b.The pet received previous treatment.
   96         c.Based on information from verifiable sources, the pet
   97  had signs or symptoms directly related to the condition for
   98  which a claim is being made.
   99  
  100  A condition for which coverage is afforded on a policy is not
  101  deemed to be a preexisting condition on any renewal of the
  102  policy.
  103         8.“Renewal” means the issuance and delivery at the end of
  104  an insurance policy period of a policy that supersedes the
  105  policy previously issued and delivered by the same pet insurer
  106  or affiliated pet insurer and that provides types and limits of
  107  coverage substantially similar to those contained in the policy
  108  being superseded.
  109         9.“Veterinarian” means a health care practitioner who is
  110  licensed to engage in the practice of veterinary medicine in
  111  Florida under chapter 474.
  112         10.“Waiting period” means the period of time specified in
  113  a pet insurance policy which is required to run before some or
  114  all of the coverage in the policy may begin. This period may not
  115  be applied to renewals of existing coverage.
  116         11.“Wellness program” means a subscription or
  117  reimbursement-based program that is separate from an insurance
  118  policy and that provides goods and services to promote the
  119  general health, safety, or well-being of the covered pet. If the
  120  subscription or program includes language such as “undertakes to
  121  indemnify another,” “pays a specified amount upon determinable
  122  contingencies,” or “provides coverage for a fortuitous event,”
  123  the subscription or program is transacting in the business of
  124  insurance and is subject to the Florida Insurance Code. This
  125  definition is not intended to classify a contract directly
  126  between a service provider and a pet owner which involves only
  127  the two parties as being the business of insurance, unless other
  128  indications of insurance also exist.
  129         (b)If a pet insurer uses any of the terms defined in
  130  paragraph (a) in a pet insurance policy, the pet insurer must
  131  use the definition of each term as provided in paragraph (a) and
  132  must include each such definition in the policy. The pet insurer
  133  must also make such definitions available through a clear and
  134  conspicuous link on the main page of the website of the pet
  135  insurer or the pet insurer’s program administrator.
  136         (6)(a)A pet insurer transacting pet insurance must
  137  disclose the following to pet insurance applicants and
  138  policyholders:
  139         1.Whether the policy excludes coverage due to any of the
  140  following:
  141         a.A chronic condition;
  142         b.A congenital anomaly or disorder;
  143         c.A hereditary disorder; or
  144         d.A preexisting condition.
  145         2.If the policy includes any other exclusions not listed
  146  in subparagraph 1., the pet insurer must state the following in
  147  the disclosure: “Other exclusions may apply. Please refer to the
  148  exclusions section of the policy for more information.”
  149         3.Any policy provision that limits coverage through a
  150  waiting period, a deductible, a coinsurance payment, or an
  151  annual or lifetime policy limit. Waiting periods and applicable
  152  requirements must be clearly and prominently disclosed to
  153  applicants before the policy purchase.
  154         4.Whether the pet insurer reduces coverage or increases
  155  premium based on the policyholder’s claim history, the age of
  156  the covered pet, or a change in the geographic location of the
  157  policyholder.
  158         5.Whether the underwriting company differs from the brand
  159  name used to market and sell the pet insurance.
  160         (b)Before issuing a pet insurance policy, a pet insurer
  161  shall, through a clear and conspicuous link on the main page of
  162  the pet insurer’s or the pet insurer’s program administrator’s
  163  website, provide a summary description of the basis or formula
  164  for the pet insurer’s determination of claim payments under the
  165  policy.
  166         1.A pet insurer that uses a benefit schedule to determine
  167  claim payments under a pet insurance policy must clearly
  168  disclose both of the following:
  169         a.The applicable benefit schedule in the policy.
  170         b.All benefit schedules used by the pet insurer under its
  171  pet insurance policies through a clear and conspicuous link on
  172  the main page of the pet insurer’s or pet insurer’s program
  173  administrator’s website.
  174         2.A pet insurer that determines claim payments under a pet
  175  insurance policy based on usual and customary fees, or any other
  176  reimbursement limitation based on prevailing veterinary service
  177  provider charges, shall do both of the following:
  178         a.Include a usual and customary fee limitation provision
  179  in the policy which clearly describes the pet insurer’s basis or
  180  formula for determining usual and customary fees and the manner
  181  in which that basis or formula is applied in calculating claim
  182  payments.
  183         b.Disclose the pet insurer’s basis for determining usual
  184  and customary fees through a clear and conspicuous link on the
  185  main page of the pet insurer’s or pet insurer’s program
  186  administrator’s website.
  187         (c)If any medical examination of the pet by a veterinarian
  188  is required to effectuate coverage, the pet insurer must clearly
  189  and conspicuously disclose any requirement for the examination
  190  before the policy is purchased and must disclose that
  191  examination documentation may result in a preexisting condition
  192  exclusion.
  193         (d)A pet insurer shall create a summary of all policy
  194  disclosures required in paragraphs (a), (b), and (c) in a
  195  separate document titled “Insurer Disclosure of Important Policy
  196  Provisions.” The pet insurer shall post the document through a
  197  clear and conspicuous link on the main page of the pet insurer’s
  198  or pet insurer’s program administrator’s website.
  199         (e)At the time a pet insurance policy is issued or
  200  delivered to a policyholder, the pet insurer shall provide the
  201  policyholder with a copy of the Insurer Disclosure of Important
  202  Policy Provisions document required under paragraph (d), in at
  203  least 12-point type. At such time, the pet insurer shall also
  204  include a written disclosure with all of the following:
  205         1.Contact information for the Division of Consumer
  206  Services of the department, including a link and toll-free
  207  telephone number, for consumers to submit inquiries and
  208  complaints relating to pet insurance products regulated by the
  209  department or office.
  210         2.The address and customer service telephone number of the
  211  pet insurance agent.
  212         (f)The disclosures required in this subsection are in
  213  addition to any other disclosures required by the insurance code
  214  or rules prescribed by the commission.
  215         (7)Unless the policyholder has filed a claim under the pet
  216  insurance policy, a pet insurance applicant or policyholder may
  217  examine and return the policy or rider to the pet insurer or pet
  218  insurance agent or broker within 30 days after the applicant or
  219  policyholder obtains the receipt and is entitled to the premium
  220  refunded if, after examining the policy or rider, he or she is
  221  not satisfied for any reason.
  222         (8)A pet insurance policy and rider must have a notice
  223  prominently printed on or attached to the first page which
  224  includes specific instructions to accomplish a return, in type
  225  at least as large as any type appearing on the policy or rider
  226  contract and in substantially the following language:
  227  
  228         You have 30 days from the day you receive this policy,
  229         certificate, or rider to review it and return it to
  230         the company if you decide not to keep it. You do not
  231         have to tell the company why you are returning it. If
  232         you decide not to keep policy, certificate, or rider,
  233         simply return it to the company at its administrative
  234         office or return it to the insurance agent or broker
  235         who you bought it from as long as you have not filed a
  236         claim. You must return policy, certificate, or rider
  237         within 30 days after the day you first received it in
  238         order to receive a refund. The company must refund the
  239         full amount of any premium paid within 30 days after
  240         it receives the returned policy, certificate, or
  241         rider. The premium refund will be sent directly to the
  242         person who paid it. The policy, certificate, or rider
  243         will be void as if it had never been issued.
  244  
  245         (9)(a)A pet insurer may issue a policy that excludes
  246  coverage on the basis of one or more preexisting conditions with
  247  appropriate written disclosure to the applicant or policyholder.
  248  The pet insurer has the burden of proving that the preexisting
  249  condition exclusion applies to the condition for which a claim
  250  is being made.
  251         (b)1.A pet insurer may issue a policy imposing a waiting
  252  period before the effective date of a new policy which does not
  253  exceed 30 days for illnesses or diseases or for orthopedic
  254  conditions not resulting from an accident. A pet insurer may not
  255  issue a policy imposing a waiting period for accidents.
  256         2.A pet insurer issuing a policy that imposes a waiting
  257  period shall include a provision in its contract which allows
  258  the waiting period to be waived upon completion of a medical
  259  examination of the pet by a veterinarian. The pet insurer may
  260  require the examination to be conducted by a veterinarian after
  261  the purchase of the policy.
  262         a.A medical examination required under this subparagraph
  263  must be paid for by the policyholder, unless the policy
  264  specifies that the pet insurer will pay for the examination.
  265         b.A pet insurer may specify requirements for the
  266  examination and require documentation that the requirements have
  267  been satisfied, provided that the specifications do not
  268  unreasonably restrict the ability of the applicant or
  269  policyholder to waive the waiting period.
  270         (c)A pet insurer may not require a medical examination of
  271  the covered pet for the policyholder to renew a policy.
  272         (d)If a pet insurer includes any prescriptive, wellness,
  273  or noninsurance benefit in the policy form, the benefit is made
  274  part of the policy contract and must comply with all of the
  275  applicable provisions of the Florida Insurance Code.
  276         (e)An applicant’s eligibility to purchase a pet insurance
  277  policy may not be based on his or her participation, or lack of
  278  participation, in a separate wellness program.
  279         (10)(a)Pet insurers must ensure that its agents are
  280  trained on the topics specified in paragraph (b) and that its
  281  agents have been appropriately trained on the coverages and
  282  conditions of its pet insurance products.
  283         (b)The training required under this subsection must
  284  include information on all of the following topics:
  285         1.Preexisting conditions and waiting periods.
  286         2.The differences between pet insurance and noninsurance
  287  wellness programs.
  288         3.Chronic conditions, congenital anomalies or disorders,
  289  and hereditary disorders and the way pet insurance policies
  290  address those conditions or disorders.
  291         4.Rating, underwriting, renewal, and other related
  292  administrative topics.
  293         (11)The commission may adopt rules necessary to administer
  294  this section.
  295         Section 4. This act shall take effect January 1, 2025.
  296  
  297  ================= T I T L E  A M E N D M E N T ================
  298  And the title is amended as follows:
  299         Delete everything before the enacting clause
  300  and insert:
  301                        A bill to be entitled                      
  302         An act relating to ; providing an effective date.