(1) 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.

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(2)(a) A pet insurer may issue policies that impose waiting periods upon effectuation of the policy that do not exceed thirty days for illness or orthopedic conditions not resulting from an accident. Waiting periods for accidents are prohibited.

(b) A pet insurer utilizing a waiting period shall include a provision in such pet insurer’s policy that allows the waiting period to be waived upon completion of a medical examination. The pet insurer may require that:

(i) The examination be conducted by a veterinarian;

(ii) The examination include certain specific elements as long as such elements do not unreasonably restrict a consumer’s ability to waive the waiting period; and

(iii) The examination and any required elements be documented and provided to the pet insurer.

(c) The pet insurer shall clearly and prominently disclose if the policy includes a waiting period and any requirements applicable to the waiting period to consumers prior to the policy purchase.

(3) A pet insurer shall not require a veterinary examination of the covered pet for the insured to have such insured’s policy renewed.

(4) If a pet insurer includes any prescriptive, wellness, or noninsurance benefits in the policy form, then such benefits shall be considered part of the policy and the pet insurer shall follow all applicable laws, rules, and regulations related to such benefits.

(5) A consumer’s eligibility to purchase a pet insurance policy shall not be based on participation, or lack of participation, in a separate wellness program.