1. 1. Marketing An insurer or insurance producer may not:

   1. A. Market a wellness program as pet insurance; or

      [PL 2021, c. 562, §1 (NEW).]

   2. 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. 2. Sale of wellness program If a wellness program is sold by an insurer or insurance producer, the following requirements apply:

   1. A. The purchase of a wellness program may not be a requirement of the purchase of pet insurance;

      [PL 2021, c. 562, §1 (NEW).]

   2. 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).]

   3. 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).]

   4. 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).]

   5. 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. 3. Disclosure An insurer or insurance producer shall clearly disclose the following to consumers of wellness program products, printed in 12-point boldface type:

   1. A. That wellness programs are not insurance;

      [PL 2021, c. 562, §1 (NEW).]

   2. 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).]

   3. 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. 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).]

PL 2021, c. 562, §1 (NEW).