This text describes a legislative bill that outlines the conditions under which insurance-related notices or documents, including evidence of health insurance coverage, can be delivered electronically. Here's a summary of the key points:
Electronic Delivery of Insurance Documents:
Electronic Means Compliance
Notices or documents can be delivered electronically if they comply with the "Uniform Electronic Transactions Act".
Electronic delivery is legally equivalent to other delivery methods required by law.
Paper Communication Requirements:
Health insurance carriers must deliver paper communications to:
Individuals who lack consistent internet access.
Individuals who request paper communications.
Liability Protection:
Insurance producers are not liable for harm or injury caused by:
A party's decision to receive notices or documents electronically.
A carrier's failure to deliver or a party's failure to receive electronic notices or documents.
Website Posting of Health Plans:
Carriers can post health coverage plans and endorsements on their website instead of mailing or delivering them, provided:
They obtain specific consent from the recipient.
They follow specific conditions outlined in the bill.
Role of the Commissioner of Insurance:
The Commissioner of Insurance must adopt rules to ensure the bill is implemented effectively.
This bill aims to modernize the delivery of insurance-related documents while ensuring accessibility for individuals without reliable internet access or those preferring traditional paper communication. It also provides protections for insurance producers and carriers from certain liabilities.
Summary
Subject to specific requirements, the bill allows a notice to a party
or other document required by law in an insurance transaction or that is to serve as evidence of health insurance coverage to be delivered, stored, and presented by electronic means if the electronic means meet the requirements of the Uniform Electronic Transactions Act. The delivery of a notice or document by electronic means is considered the equivalent to and has the same effect as any other delivery method required by law. The bill requires health insurance carriers to deliver paper communications to individuals that may not have consistent access to the internet and to any individuals that may elect to receive paper communications upon request.
An insurance producer is not subject to civil liability for any harm
or injury that occurs because of a party's election to receive any notice or document by electronic means or by a carrier's failure to deliver or a party's failure to receive a notice or document by electronic means.
A carrier may mail, deliver, or, if the carrier obtains separate,
specific consent, post on the carrier's website a health coverage plan and an endorsement that does not contain personal identifying information. If the carrier elects to post a health coverage plan and an endorsement on the carrier's website in lieu of mailing or delivering the health coverage plan and endorsement, the carrier shall comply with certain conditions.
The commissioner of insurance is required to adopt rules to
implement the bill.
