HRS

[§431:33-104] Disclosures. (a) A pet insurer transacting pet insurance shall disclose the following to consumers:

(1) Whether the policy excludes coverage due to any of the following:

(A) A chronic condition;

(B) A congenital anomaly or disorder;

(D) A preexisting condition;

(2) If the policy includes any other exclusions, the following statement: "Other exclusions may apply. Please refer to the exclusions section of the policy for more information.";

(3) Any policy provision that limits coverage through a waiting period, an affiliation period, a deductible, coinsurance, or an annual or lifetime policy limit;

(4) Whether the pet insurer reduces coverage or increases premiums based on the consumer's claim history, the age of the covered pet, or a change in the geographic location of the covered pet; and

(5) Whether the underwriting company differs from the brand name used to market and sell the product.

(b) Unless the consumer has filed a claim under the pet insurance policy, pet insurance applicants shall have the right to examine and return the policy, certificate, or rider to the pet insurer or an agent or insurance producer of the pet insurer within thirty days of its receipt and to have the premium refunded if, after examination of the policy, certificate, or rider, the applicant is not satisfied for any reason.

Pet insurance policies, certificates, and riders shall have a notice prominently printed on the first page or attached to the first page that includes specific instructions to accomplish a return. The following free look statement or language substantially similar shall be included:

"You have 30 days from the day you receive this policy, certificate, or rider to review it and return it to the pet insurer if you decide not to keep it. You do not have to tell the pet insurer why you are returning it. If you decide not to keep it, simply return it to the pet insurer at its administrative office or you may return it to the agent/insurance producer that you bought it from as long as you have not filed a claim. You must return it within 30 days of the day you first received it. The pet insurer will refund the full amount of any premium paid within 30 days after it receives the returned policy, certificate, or rider. The premium refund will be sent directly to the person who paid it. The policy, certificate, or rider will be void as if it had never been issued."

(c) A pet insurer shall clearly disclose a summary description of the basis or formula on which the pet insurer determines claim payments under a pet insurance policy within the policy, before policy issuance and through a clear and conspicuous link on the main page of the pet insurer's or pet insurer's program administrator's website.

(d) A pet insurer that uses a benefit schedule to determine claim payment under a pet insurance policy shall:

(1) Clearly disclose the applicable benefit schedule in the policy; and

(2) Disclose all benefit schedules used by the pet insurer under its pet insurance policies through a clear and conspicuous link on the main page of the pet insurer's or pet insurer's program administrator's website.

(e) A pet insurer that determines claim payments under a pet insurance policy based on usual and customary fees, or any other reimbursement limitation based on prevailing veterinary service provider charges, shall:

(1) Include a usual and customary fee limitation provision in the policy that clearly describes the pet insurer's basis for determining usual and customary fees and how that basis is applied in calculating claim payments; and

(2) Disclose the pet insurer's basis for determining usual and customary fees through a clear and conspicuous link on the main page of the pet insurer's or pet insurer's program administrator's website.

(f) If any medical examination by a veterinarian is required to effectuate coverage, the pet insurer shall clearly and conspicuously disclose the required aspects of the examination before purchase and disclose that examination documentation may result in a preexisting condition exclusion.

(g) Waiting periods, and the requirements applicable to the waiting periods, shall be clearly and prominently disclosed to consumers before the policy purchase.

(h) The pet insurer shall include a summary of all policy provisions required in subsections (a) through (g), inclusive, in a separate document titled "Insurer Disclosure of Important Policy Provisions".

(i) The pet insurer shall post the insurer disclosure of important policy provisions document required in subsection (h) through a clear and conspicuous link on the main page of the pet insurer's or pet insurer's program administrator's website.

(j) In connection with the issuance of a new pet insurance policy, the pet insurer shall provide the consumer with a copy of the insurer disclosure of important policy provisions document required pursuant to subsection (h) in at least twelve-point type when the pet insurer delivers the policy.

(k) At the time a pet insurance policy is issued or delivered to a policyholder, the pet insurer shall include a written disclosure with the following information, printed in twelve-point boldface type:

(1) The insurance division's mailing address, toll-free telephone number, and website address;

(2) The address and customer service telephone number of the pet insurer or the agent or broker of record; and

(3) If the policy was issued or delivered by an agent or a broker, a statement advising the policyholder to contact the agent or broker for assistance.

(l) The disclosures required in this section shall be in addition to any other disclosure requirements required by law or rule. [L 2025, c 79, pt of §1]