Ky. Rev. Stat. § 304.18-082

Current through 2024 Ky. Acts ch. 225

Section 304.18-082 - Delivery of communications relating to insurance policy, certificate, plan, or contract by electronic means - Employer consent - Compliance requirements

(1) As used in this section:

(a) "Communications" includes health insurance identification cards and other documents;

(b) "Covered person" means an individual that:

1. Is an employer-sponsored group member or a dependent of an employer-sponsored group member; and

2. Receives health benefits under an employer-sponsored group health insurance policy, certificate, plan, or contract;

(c) "Dependent of an employer-sponsored group member" or "dependents of an employer-sponsored group member" means an individual or individuals that are entitled to receive health benefits under an employer-sponsored group health insurance policy, certificate, plan, or contract solely due to a relationship to an employer-sponsored group member;

(d) "Employer" does not include a federal, state, or local government, including a:

1. Federal, state, or local government entity, agency, or instrumentality; and

2. Public school district or public institution of education;

(e) "Employer-sponsored group health insurance policy, certificate, plan, or contract" includes limited-scope dental or vision benefits offered by an employer under a separate insurance policy, certificate, plan, or contract;

(f) "Employer-sponsored group member" means an individual that is entitled to receive health benefits under an employer-sponsored group health insurance policy, certificate, plan, or contract as a member of the insured group; and

(g) "Insurer" has the same meaning as in KRS 304.17A-005, except for purposes of this section, the term does not include a self-insurer of a governmental plan.

(2) Notwithstanding any other law, an insurer may deliver all communications relating to an employer-sponsored group health insurance policy, certificate, plan, or contract to a covered person by electronic means if:

(a) The employer consents to electronic delivery of communications on behalf of the covered person; and

(b) The insurer complies with subsection (4) of this section.

(3) An employer may consent to the electronic delivery of communications under subsection (2) of this section if the employer confirms the following for the covered person:

(a) The covered person is:

1. An employer-sponsored group member that routinely uses electronic communications during the normal course of employment or otherwise; or

2. A dependent of an employer-sponsored group member referenced in subparagraph 1. of this paragraph; and

(b) Either:

1. If the covered person is an employer-sponsored group member, the covered person:

a. Was given an opportunity to opt out of delivery to the employer-sponsored group member and dependents of the employer-sponsored group member by electronic means; and

b. Will be given an opportunity to opt out of delivery to the employer-sponsored group member and dependents of the employer-sponsored group member by electronic means on an annual basis; or

2. If the covered person is not an employer-sponsored group member, the covered person is a dependent of an employer-sponsored group member referenced in subparagraph 1. of this paragraph.

(4) Insurers that provide electronic delivery of communications under this section shall:

(a) Comply with the:

1. Federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. sec. 7001 et seq.; and

2. Uniform Electronic Transactions Act, KRS 369.101 to 369.120;

(b) Not take adverse action against a covered person because the person opts out, or is opted out, of electronic delivery of communications under this section; and

(c) Document compliance with this section.

KRS 304.18-082

Added by 2024 Ky. Acts ch. 20,§ 1, eff. 7/15/2024, app. to contracts entered or renewed on or after the effective date of the Act.