33-24-14.1. Electronic delivery of plan documentation.

As used in this Code section, the term:#

1. (1)

   “Health benefit plan” means a policy, contract, certificate, or agreement entered into, offered by, or issued by an insurer to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare services, including a vision or dental benefit plan.#

2. (2)

   “Plan sponsor” means a person, other than a regulated entity, who establishes, adopts, or maintains a health benefit plan that covers residents of this state, including a plan established, adopted, or maintained by an employer or jointly by an employer and one or more employee organizations, an association, a committee, a joint board of trustees, or any similar group of representatives who establish, adopt, or maintain a plan.#

The plan sponsor of a health benefit plan may, on behalf of a covered person, consent to the delivery of the plan by electronic transmittal or electronic posting, to the delivery of all communications related to the plan by electronic means, and to the electronic delivery of any health insurance identification card required by Code Section 33-24-57.1.#

Before consenting on behalf of a covered person, a plan sponsor shall confirm that the covered person routinely uses electronic communications during the normal course of employment.#

Before providing delivery of a health benefit plan by electronic transmittal or electronic posting, the insurer for the plan shall:#

1. (1)

   Provide the covered person an opportunity to opt out of the electronic transmittal or electronic posting of the plan; and#

2. (2)

   Document that the remaining conditions under subparagraphs (a)(2)(B) through (a)(2)(E) of Code Section 33-24-14 are satisfied.#

Before providing delivery of communications related to the plan or a health insurance identification card by electronic means, the insurer for the health benefit plan shall:#

1. (1)

   Provide the covered person an opportunity to opt out of delivery by electronic means; and#

2. (2)

   Document that the remaining conditions under paragraphs (4) through (9) of subsection (d) of Code Section 33-24-14 are satisfied.#