| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the authority of a health benefit plan sponsor to |
|
|
consent to electronic delivery of certain communications on behalf |
|
|
of a party enrolled in the plan. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. 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 2. 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 3. The change in law made by this Act applies only |
|
|
to a health benefit plan delivered, issued for delivery, or renewed |
|
|
on or after January 1, 2022. |
|
|
SECTION 4. This Act takes effect September 1, 2021. |