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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a health benefit plan sponsor to |
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consent to electronic delivery of certain communications on behalf |
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of a party enrolled in the plan. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 35.001, Insurance Code, is amended by |
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adding Subdivision (4-a) to read as follows: |
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(4-a) "Plan sponsor" means a person, other than a |
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regulated entity, who establishes, adopts, or maintains a health |
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benefit plan, including a vision or dental benefit plan, that |
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covers residents of this state, including a plan established, |
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adopted, or maintained by an employer or jointly by an employer and |
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one or more employee organizations, an association, a committee, a |
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joint board of trustees, or any similar group of representatives |
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who establish, adopt, or maintain a plan. |
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SECTION 2. Chapter 35, Insurance Code, is amended by adding |
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Section 35.0041 to read as follows: |
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Sec. 35.0041. CONSENT TO ELECTRONIC DELIVERY BY PLAN |
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SPONSOR. (a) The plan sponsor of a health benefit plan, including |
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a vision or dental benefit plan, may, on behalf of a party enrolled |
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in the plan, give the consent required by Section 35.004(c)(1). |
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(b) Before consenting on behalf of a party, a plan sponsor |
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must: |
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(1) provide the party with the statements required by |
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Sections 35.004(c)(2) and (c)(3)(A); |
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(2) confirm that the party routinely uses electronic |
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communications during the normal course of employment; and |
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(3) provide the party an opportunity to opt out of |
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delivery by electronic means. |
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SECTION 3. The change in law made by this Act applies only |
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to a health benefit plan delivered, issued for delivery, or renewed |
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on or after January 1, 2022. |
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SECTION 4. This Act takes effect September 1, 2021. |