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Amend CSHB 4210 (house committee printing) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 35.001, Insurance Code, is amended by adding Subdivision (4-a) to read as follows:
(4-a) "Plan sponsor" means a person, other than a regulated entity, who establishes, adopts, or maintains a health benefit plan, including a vision or dental 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.
SECTION ____. Chapter 35, Insurance Code, is amended by adding Section 35.0041 to read as follows:
Sec. 35.0041. CONSENT TO ELECTRONIC DELIVERY BY PLAN SPONSOR. (a) The plan sponsor of a health benefit plan, including a vision or dental benefit plan, may, on behalf of a party enrolled in the plan, give the consent required by Section 35.004(c)(1).
(b) Before consenting on behalf of a party, a plan sponsor must:
(1) provide the party with the statements required by Sections 35.004(c)(2) and (c)(3)(A);
(2) confirm that the party routinely uses electronic communications during the normal course of employment; and
(3) provide the party an opportunity to opt out of delivery by electronic means.
SECTION ____. Section 35.0041, Insurance Code, as added by this Act, applies only to a health benefit plan delivered, issued for delivery, or renewed on or after January 1, 2022.