Bill Text: IA SSB3133 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to electronic delivery of certain insurance notices and documents.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2022-03-07 - Subcommittee: Williams, Giddens, and Goodwin. [SSB3133 Detail]
Download: Iowa-2021-SSB3133-Introduced.html
Senate
Study
Bill
3133
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
COMMERCE
BILL
BY
CHAIRPERSON
SCHULTZ)
A
BILL
FOR
An
Act
relating
to
electronic
delivery
of
certain
insurance
1
notices
and
documents.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
505B.1,
Code
2022,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
11A.
a.
For
purposes
of
this
subsection:
3
(1)
“Covered
employee”
or
“employee”
means
an
individual
4
participating
in
a
group
health
plan
and
who
is
an
employee
of
5
the
sponsor
or
policyholder
of
the
group
health
plan.
6
(2)
“Covered
person”
or
“person”
means
an
individual
7
participating
in
a
group
health
plan.
8
(3)
“Smart
device”
means
an
electronic
device
that
combines
9
a
cell
phone
with
a
hand-held
computer
and
that
offers
internet
10
access,
and
text
or
electronic
mail
capabilities.
11
b.
Notwithstanding
any
provision
of
this
section
to
the
12
contrary,
a
sponsor
or
policyholder
of
a
group
health
plan
13
may
consent
to
notices
and
documents
delivered
by
electronic
14
means,
unless
there
is
a
federal
requirement
for
a
specific
15
mode
of
delivery,
on
behalf
of
the
sponsor
or
policyholder’s
16
covered
employees
and
covered
persons.
For
such
consent
to
17
be
effective,
the
sponsor
or
policyholder
shall
do
all
of
the
18
following:
19
(1)
(a)
Assign
each
covered
employee
an
electronic
mail
20
address
for
employment-related
purposes
at
which
the
employee
21
may
receive
or
access
notices
and
documents
delivered
by
22
electronic
means,
or
require
each
employee
to
provide
the
23
sponsor
or
policyholder
with
an
electronic
mail
address
or
a
24
smart
device
number
at
which
the
employee
may
receive
or
access
25
notices
and
documents
delivered
by
electronic
means.
26
(b)
Require
each
covered
person
to
provide
the
sponsor
or
27
policyholder
with
an
electronic
mail
address
or
a
smart
device
28
number
at
which
the
person
may
receive
or
access
notices
and
29
documents
delivered
by
electronic
means.
30
(2)
Prior
to
delivery
by
electronic
means
of
notices
and
31
documents
to
covered
employees
and
covered
persons,
the
sponsor
32
or
policyholder
shall
provide
a
notification
in
paper
form
to
33
each
employee
and
each
person
that
does
all
of
the
following:
34
(a)
Notifies
the
employee
or
person
that
notices
and
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documents
for
the
group
health
plan
will
be
posted
to
an
1
internet
site
to
which
the
employee
or
person
will
have
2
reasonable
access,
or
be
delivered
to
the
employee’s
or
3
person’s
electronic
mail
address
or
smart
device
number.
4
(b)
Confirms
the
electronic
mail
address
or
smart
device
5
number
to
which
notices
and
documents
will
be
delivered
by
6
electronic
means
to
the
employee
or
person.
7
(c)
Provides
instructions
for
accessing
notices
or
8
documents.
9
(d)
Provides
the
time
period
during
which
a
specific
type
of
10
notice
or
document
delivered
by
electronic
means
will
remain
11
accessible.
12
(e)
Advises
the
employee
or
person
that
a
paper
form
of
a
13
notice
or
document
may
be
requested
and
will
be
provided
free
14
of
charge,
and
the
process
to
request
a
paper
form.
15
(f)
Advises
the
employee
or
person
of
the
right
to
opt
out
16
of
delivery
by
electronic
means
and
the
process
to
exercise
17
that
right.
18
(3)
Provides
notice
to
each
covered
employee
and
each
19
covered
person
each
time
a
notice
or
document
is
posted
on
20
the
internet
site
described
in
subparagraph
(2),
subparagraph
21
division
(a).
The
notice
may
be
delivered
by
electronic
means
22
and
shall
include
all
of
the
following:
23
(a)
A
prominent
statement
that
important
information
24
regarding
the
group
health
plan
has
been
posted
on
the
internet
25
site.
26
(b)
The
name
of,
or
a
description
of,
the
notice
or
27
document.
28
(c)
The
internet
site
address
or
the
hyperlink
at
which
the
29
notice
or
document
may
be
accessed.
30
(d)
A
statement
of
the
recipient’s
right
to
request
the
31
notice
or
document
in
paper
form,
free
of
charge,
and
the
32
process
to
exercise
that
right.
33
(e)
A
statement
of
the
recipient’s
right
to
opt
out
of
34
delivery
by
electronic
means
and
to
receive
documents
in
paper
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form
free
of
charge.
1
(f)
The
time
period
during
which
the
notice
or
document
will
2
remain
accessible
on
the
internet
site.
3
(g)
A
telephone
number
for
the
insurer
or
the
group
health
4
plan
administrator.
5
NEW
SUBSECTION
.
11B.
a.
Notwithstanding
any
provision
of
6
this
section
to
the
contrary,
the
issuer
of
a
health
insurance
7
policy
or
contract
may
provide
a
group
or
individual
insurance
8
policy
or
contract
electronically
to
a
party
without
the
9
affirmative
consent
of
the
party
if
the
issuer
mails
written
10
notice
to
the
party
describing
all
of
the
following:
11
(1)
How
to
access
the
policy
or
contract
electronically.
12
(2)
That
a
paper
form
of
the
policy
or
contract
may
be
13
requested
at
any
time.
14
(3)
How
to
request
a
copy
of
the
paper
form
of
the
policy
15
or
contract.
16
(4)
That
the
paper
form
of
the
policy
or
contract
will
be
17
provided
free
of
charge
to
the
party.
18
b.
Notwithstanding
any
provision
of
this
section
to
the
19
contrary,
the
issuer
of
a
health
insurance
policy
or
contract
20
that
receives
a
request
from
a
party
for
a
paper
form
of
a
21
policy
or
contract
shall
provide
the
copy
free
of
charge
to
the
22
party
as
soon
as
practicable
but
no
later
than
fifteen
calendar
23
days
after
the
date
that
the
issuer
receives
the
party’s
24
request.
25
EXPLANATION
26
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
27
the
explanation’s
substance
by
the
members
of
the
general
assembly.
28
This
bill
relates
to
electronic
delivery
of
certain
29
insurance
notices
and
documents.
30
The
bill
allows
a
sponsor
or
policyholder
of
a
group
31
health
plan
to
consent
to
electronic
delivery
of
notices
and
32
documents
(documents),
unless
there
is
a
federal
requirement
33
for
a
specific
mode
of
delivery,
on
behalf
of
the
sponsor’s
34
or
policyholder’s
covered
employees
(employees)
and
covered
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persons
(persons).
“Covered
employee”
and
“covered
person”
1
are
defined
in
the
bill.
For
the
consent
to
be
effective,
the
2
sponsor
or
policyholder
must
assign
each
employee
an
electronic
3
mail
address
(email
address)
for
employment-related
purposes
at
4
which
the
employee
may
receive
or
access
documents
delivered
5
by
electronic
means,
or
require
each
employee
to
provide
an
6
email
address
or
a
smart
device
number
at
which
the
employee
7
may
receive
or
access
documents.
“Smart
device”
is
defined
in
8
the
bill.
The
sponsor
or
policyholder
must
also
require
each
9
person
to
provide
an
email
address
or
smart
device
number
at
10
which
the
person
may
receive
or
access
documents.
11
Prior
to
beginning
delivery
by
electronic
means,
the
sponsor
12
or
policyholder
must
provide
a
notification
in
paper
form
to
13
each
employee
and
each
person
as
detailed
in
the
bill.
The
14
sponsor
or
policyholder
must
also
provide
notice
to
each
15
employee
and
each
person
each
time
a
document
is
posted
on
an
16
internet
site
at
which
the
employee
or
person
can
access
the
17
document.
The
notice
must
include
the
information
as
detailed
18
in
the
bill.
19
The
bill
provides
that
the
issuer
of
a
health
insurance
20
policy
or
contract
(issuer)
may
provide
a
group
or
individual
21
insurance
policy
or
contract
electronically
to
a
party
without
22
the
affirmative
consent
of
the
party
if
the
issuer
mails
23
written
notice
to
the
party
describing
the
requirements
as
24
detailed
in
the
bill.
The
bill
requires
that
an
issuer
that
25
receives
a
request
from
a
party
for
a
paper
form
of
a
policy
26
or
contract
must
provide
the
copy
free
of
charge
no
later
than
27
15
days
after
the
date
that
the
issuer
receives
the
party’s
28
request.
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