19 MAC Pt. 5, R. 6.04
Policy Conditions
Cite as 19 Miss. Admin. Code Pt. 5, R. 6.04
Policy Conditions
A.
A pet insurer may issue policies that exclude coverage on the basis of one or
more preexisting conditions with appropriate disclosure to the consumer. The
pet insurer has the burden of proving that the preexisting condition exclusion
applies to the condition for which a claim is being made.
B.
A pet insurer may issue policies that impose waiting periods upon
effectuation of the policy that do not exceed 30 days for illnesses or
orthopedic conditions not resulting from an accident. Waiting periods for
accidents are prohibited.
(1)
A pet insurer utilizing a waiting period permitted in Rule 6.04(B) must
issue coverage to be effective by 12:01 a.m. on the second calendar day
after purchase, subject only to the following exceptions:
(a) If an insurer elects to conduct individualized underwriting on a
specific pet, then coverage must be effective by 12:01 a.m. on
the second calendar day after the insurer has determined such pet is
eligible for coverage.
(b) Any insurer may delay coverage from becoming effective to
establish a method for the consumer or group administrator to pay
the premium, or
(c) For pet insurance coverage acquired by an individual through an
employer or organization, the coverage requirements of the
employer’s or organization’s benefit plan.
(d) If a policy does not include a waiting period for an illness or
orthopedic condition, an insurer may set a policy effectuation date
that is up to fifteen (15) calendar days after purchase, so long as
such policy effectuation date is clearly disclosed and no premium is
charged before the policy becomes effective.
(2)
A pet insurer utilizing a waiting period permitted in Rule 6.04(B) shall
include a provision in its contract that allows the waiting periods to be
waived upon completion of a medical examination. Pet insurers may
require the examination to be conducted by a licensed veterinarian
after the purchase of the policy.
(3)
Waiting periods, and the requirements applicable to them, must be
clearly and prominently disclosed to consumers prior to the policy
purchase
(a) A medical examination under Rule 6.04(B)(1) shall be paid for the
policyholder, unless the policy specifies that the pet insurer will pay
for the examination.
(b) A pet insurer can specify elements to be included as part of the
examination and require documentation thereof, provided the
specifications do not unreasonably restrict a consumer’s ability to
waive the waiting periods in Rule 6.04(B).
C.
A pet insurer must not require a veterinary examination of the covered pet for
the insured to have their policy renewed.
D.
If a pet insurer includes any prescriptive, wellness, or non-insurance benefits
in the policy form, then it is made part of the policy contract and must follow
all applicable laws and regulations in the insurance code.
E.
An insured’s eligibility to purchase a pet insurance policy must not be based
on participation, or lack of participation, in a separate wellness program.