First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 25-0311.01 Kristen Forrestal x4217
SENATE BILL 25-010
Senate Committees House Committees
Health & Human Services
A BILL FOR AN ACT
C
ONCERNING ELECTRONIC COMM UNICATIONS IN HEALTH CARE .101
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Subject to specific requirements, the bill allows a notice to a party
or other document required by law in an insurance transaction or that is
to serve as evidence of health insurance coverage to be delivered, stored,
and presented by electronic means if the electronic means meet the
requirements of the "Uniform Electronic Transactions Act". The delivery
of a notice or document by electronic means is considered the equivalent
to and has the same effect as any other delivery method required by law.
The bill requires health insurance carriers to deliver paper
SENATE
Amended 2nd Reading
February 4, 2025
SENATE SPONSORSHIP
Mullica and Pelton B.,
HOUSE SPONSORSHIP
Brown,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. communications to individuals that may not have consistent access to the
internet and to any individuals that may elect to receive paper
communications upon request.
An insurance producer is not subject to civil liability for any harm
or injury that occurs because of a party's election to receive any notice or
document by electronic means or by a carrier's failure to deliver or a
party's failure to receive a notice or document by electronic means.
A carrier may mail, deliver, or, if the carrier obtains separate,
specific consent, post on the carrier's website a health coverage plan and
an endorsement that does not contain personal identifying information. If
the carrier elects to post a health coverage plan and an endorsement on
the carrier's website in lieu of mailing or delivering the health coverage
plan and endorsement, the carrier shall comply with certain conditions.
The commissioner of insurance is required to adopt rules to
implement the bill.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 10-16-135, amend
2
(1)(a) introductory portion, (1)(b), (1)(c); and add (1)(d), as follows:3
10-16-135. Health coverage plan information cards - rules -4
standardization - contents. (1) (a) The commissioner shall adopt rules5
requiring every carrier providing a health benefit plan to issue to covered6
persons to whom a health benefit plan identification card is issued a7
standardized, printed,
ELECTRONIC card containing plan information. To
8
the extent possible, the rules shall incorporate and not conflict with the9
requirements of section 10-16-124 regarding prescription information10
cards. The commissioner shall adopt initial rules by October 31, 2008,11
that describe the format of a standardized, printed card to be issued by12
carriers to persons covered under a health benefit plan to whom health13
benefit plan identification cards are issued. The rules establishing the14
format for the printed
OR ELECTRONIC card shall include a standard size,
15
shall require the card to be legible and photocopied, and shall delineate16
the information to be contained on the card, including but not limited to17
010-2- the following information, as applicable:1
(b) The rules adopted pursuant to paragraph (a) of this subsection2
(1) shall require all carriers to A CARRIER SHALL issue a standardized,3
printed,
OR ELECTRONIC card to a covered person to whom a health
4
benefit plan identification card is issued upon the purchase or renewal of5
or enrollment in a plan. on or after July 1, 2009. No later than July 1,6
2010, all carriers shall issue the standardized, printed card to covered7
persons to whom health benefit plan identification cards are issued8
(c) Nothing in this section shall preclude a carrier from including9
information on the standardized, printed,
OR ELECTRONIC cards that is in
10
addition to the information required to be included on the card pursuant11
to rules adopted pursuant to this section.12
(d) A
CARRIER SHALL PROVIDE A PRINTED CARD TO A COVERED
13
PERSON UPON REQUEST.14
SECTION 2. In Colorado Revised Statutes, add 10-16-170 as15
follows:16
10-16-170. Delivery of notices and documents by electronic17
means - definitions - consent required - withdrawal of consent -18
employers - immunity from liability - posting of plans and19
endorsements on carrier website - applicability - rules. (1) A
S USED20
IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :21
(a) "D
ELIVERED BY ELECTRONIC MEANS " MEANS:22
(I) D
ELIVERY TO AN ELECTRONIC MAIL ADDRESS AT WHICH A23
PARTY HAS CONSENTED TO RECEIVE NOTICES OR DOCUMENTS ; OR24
(II) P
OSTING ON AN ELECTRONIC NETWORK , SITE, OR CONSUMER
25
PORTAL ACCESSIBLE VIA THE INTERNET , A MOBILE APPLICATION, A26
COMPUTER, A MOBILE DEVICE, A TABLET, OR ANY OTHER ELECTRONIC27
010
-3- DEVICE, TOGETHER WITH SEPARATE NOTICE OF THE POSTING PROVIDED BY1
ELECTRONIC MAIL TO THE ADDRESS AT WHICH THE PARTY HAS CONSENTED2
TO RECEIVE NOTICE OR BY ANY OTHER DELIVERY METHOD THAT HAS BEEN3
CONSENTED TO BY THE PARTY . THE SEPARATE NOTICE OF THE POSTING4
MUST CONTAIN THE INTERNET ADDRESS AT WHICH THE DOCUMENTS ARE5
POSTED, AND DELIVERY IS EFFECTIVE UPON THE POSTING OR THE ACTUAL6
DELIVERY OF THE SEPARATE NOTICE OF THE POSTING, WHICHEVER OCCURS7
LATER.8
(b) "P
ARTY" MEANS A RECIPIENT OF A NOTICE OR DOCUMENT9
REQUIRED AS PART OF AN INSURANCE TRANSACTION , INCLUDING AN10
APPLICANT FOR HEALTH INSURANCE COVERAGE , A COVERED PERSON, A11
POLICYHOLDER, OR AN ANNUITY CONTRACT HOLDER .12
(2) (a) N
OTWITHSTANDING ANY PROVISION OF THIS ARTICLE 16 TO13
THE CONTRARY, SUBJECT TO THE REQUIREMENTS OF THIS SECTION , A14
NOTICE TO OR FROM A PARTY OR OTHER DOCUMENT REQUIRED BY LAW IN
15
AN INSURANCE TRANSACTION THAT IS RELATED TO A PROVISION IN A16
HEALTH INSURANCE CONTRACT OR THAT IS TO SERVE AS EVIDENCE OF17
HEALTH INSURANCE COVERAGE MAY BE DELIVERED BY A CARRIER OR TO18
A CARRIER, STORED, AND PRESENTED BY ELECTRONIC MEANS IF THE19
ELECTRONIC MEANS MEET THE REQUIREMENTS OF THE "UNIFORM20
E
LECTRONIC TRANSACTIONS ACT", ARTICLE 71.3 OF TITLE 24.21
(b) T
HE DELIVERY OF A NOTICE OR DOCUMENT IN ACCORDANCE22
WITH THIS SECTION IS CONSIDERED THE EQUIVALENT TO AND HAS THE23
SAME EFFECT AS ANY DELIVERY METHOD REQUIRED BY LAW , INCLUDING24
DELIVERY BY FIRST-CLASS MAIL, FIRST-CLASS MAIL WITH POSTAGE25
PREPAID, CERTIFIED MAIL, CERTIFICATE OF MAIL, OR CERTIFICATE OF26
MAILING.27
010
-4- (c) A CARRIER SHALL ESTABLISH A CONSUMER PORTAL OR OTHER1
ACCESSIBLE MEANS FOR POLICYHOLDERS TO SUBMIT REQUESTS , NOTICES,2
OR RESPONSES TO THE CARRIER BY ELECTRONIC MEANS , INCLUDING THE3
ABILITY TO CONFIRM THAT THE COMMUNICATION BY ELECTRONIC MEANS4
HAS BEEN RECEIVED BY THE CARRIER.5
(d) A
CARRIER SHALL NOT REQUIRE POLICYHOLDERS TO SUBMIT
6
REQUESTS, NOTICES, OR RESPONSES BY FACSIMILE OR NON -ELECTRONIC7
MEANS, UNLESS THE CONSUMER CHOOSES SUBMISSION BY FACSIMILE OR8
NONELECTRONIC MEANS .9
(3) A
NOTICE OR DOCUMENT MAY BE DELIVERED BY ELECTRONIC10
MEANS BY A CARRIER TO A PARTY PURSUANT TO THIS SECTION IF :11
(a) T
HE PARTY HAS AFFIRMATIVELY CONSENTED ELECTRONICALLY ,12
OR CONFIRMED CONSENT ELECTRONICALLY , IN A MANNER THAT13
REASONABLY DEMONSTRATES THAT THE PARTY CAN ACCESS INFORMATION14
IN THE ELECTRONIC FORM THAT WILL BE USED FOR NOTICES OR15
DOCUMENTS DELIVERED BY ELECTRONIC MEANS TO WHICH THE PARTY HAS16
GIVEN CONSENT, AND THE PARTY HAS NOT WITHDRAWN THE CONSENT ;17
AND18
(b) B
EFORE THE PARTY CONSENTS , THE CARRIER PROVIDES THE19
PARTY A CLEAR AND CONSPICUOUS STATEMENT INFORMING THE PARTY OF :20
(I) T
HE HARDWARE AND SOFTWARE REQUIREMENTS FOR ACCESS21
TO AND RETENTION OF A NOTICE OR DOCUMENT DELIVERED BY22
ELECTRONIC MEANS;23
(II) T
HE TYPES OF NOTICES AND DOCUMENTS TO WHICH THE24
PARTY'S CONSENT APPLIES;25
(III) T
HE RIGHT OF THE PARTY TO WITHDRAW CONSENT AT ANY26
TIME, AT NO CHARGE, AND ANY CONDITIONS OR CONSEQUENCES TO BE27
010
-5- IMPOSED IN THE EVENT CONSENT IS WITHDRAWN ;1
(IV) T
HE PROCEDURES A PARTY MUST FOLLOW TO WITHDRAW2
CONSENT, WHICH PROCEDURES MUST BE NO MORE BURDENSOME THAN THE3
PROCEDURES REQUIRED TO PROVIDE CONSENT , TO HAVE A NOTICE OR4
DOCUMENT DELIVERED BY ELECTRONIC MEANS , OR TO UPDATE THE5
PARTY'S ELECTRONIC MAIL ADDRESS; AND6
(V) T
HE PARTY'S RIGHT TO HAVE ANY NOTICE OR DOCUMENT7
DELIVERED IN PAPER FORM UPON REQUEST .8
(4) (a) N
OTWITHSTANDING SUBSECTION (3) OF THIS SECTION, AN9
EMPLOYER OFFERING A HEALTH COVERAGE PLAN MAY , ON BEHALF OF A10
COVERED PERSON ENROLLED IN THE PLAN , PROVIDE CONSENT TO THE11
MAILING OF ALL COMMUNICATIONS RELATED TO THE PLAN BY ELECTRONIC12
MEANS IF, BEFORE CONSENTING ON BEHALF OF A COVERED PERSON , AN13
EMPLOYER HAS:14
(I) C
ONFIRMED THAT THE COVERED PERSON ROUTINELY USES15
ELECTRONIC COMMUNICATIONS DURING THE NORMAL COURSE OF16
EMPLOYMENT AND IS ABLE TO ACCESS AND RETAIN ELECTRONIC17
COMMUNICATIONS THAT MAY BE DELIVERED BY THE CARRIER ; AND18
(II) I
NFORMED THE COVERED PERSON THAT THE CONSENT WILL BE19
PROVIDED AND NOTICES AND DOCUMENTS RELATED TO THE PLAN MAY BE20
DELIVERED TO THE COVERED PERSON 'S WORK ELECTRONIC MAIL ADDRESS21
UNLESS THE COVERED PERSON AFFIRMATIVELY OPTS OUT OF DELIVERY BY22
ELECTRONIC MEANS OR PROVIDES AN ALTERNATIVE ELECTRONIC MAIL23
ADDRESS.24
(b) T
HE CARRIER FOR THE HEALTH COVERAGE PLAN SHALL :25
(I) P
ROVIDE THE COVERED PERSON WITH A CLEAR AND26
CONSPICUOUS STATEMENT INFORMING THE COVERED PERSON OF :27
010
-6- (A) THE TYPES OF NOTICES AND DOCUMENTS THAT MAY BE1
DELIVERED TO THE COVERED PERSON BY ELECTRONIC MEANS ;2
(B) T
HE RIGHT OF THE COVERED PERSON TO WITHDRAW CONSENT3
TO HAVE A NOTICE OR DOCUMENT DELIVERED BY ELECTRONIC MEANS AT4
ANY TIME WITHOUT CHARGE ;5
(C) T
HE PROCEDURES THE COVERED PERSON MUST FOLLOW TO6
WITHDRAW CONSENT TO HAVE A NOTICE OR DOCUMENT DELIVERED BY7
ELECTRONIC MEANS AND TO UPDATE THE COVERED PERSON 'S ELECTRONIC8
MAIL ADDRESS; AND9
(D) T
HE RIGHT OF THE COVERED PERSON TO HAVE ANY NOTICE OR10
DOCUMENT DELIVERED, UPON REQUEST, IN PAPER FORM FREE OF CHARGE;11
AND12
(II) P
ROVIDE THE COVERED PERSON AN OPPORTUNITY TO OPT OUT13
OF DELIVERY BY ELECTRONIC MEANS .14
(5) A
CARRIER THAT RECEIVES A PARTY 'S CONSENT FOR THE15
DELIVERY OF NOTICES OR DOCUMENTS BY ELECTRONIC MEANS SHALL16
ENSURE THAT THE APPLICABLE PROVISIONS OF THE CONDITIONS UNDER17
THE "UNIFORM ELECTRONIC TRANSACTIONS ACT", ARTICLE 71.3 OF TITLE18
24,
ARE SATISFIED, AS REQUIRED BY SUBSECTION (2)(a) OF THIS SECTION.19
(6) (a) W
HEN A NOTICE OR DOCUMENT IS PROVIDED20
ELECTRONICALLY TO A PARTY PURSUANT TO THIS SECTION , A CARRIER21
SHALL APPRISE THE PARTY OF THE SIGNIFICANCE OF THE NOTICE OR22
DOCUMENT, WHEN IT IS NOT OTHERWISE REASONABLY EVIDENT , AND OF23
THE RIGHT TO REQUEST AND OBTAIN A PAPER VERSION OF THE NOTICE OR24
DOCUMENT.25
(b) A
CARRIER SHALL TAKE ALL REASONABLE MEASURES TO26
ENSURE THAT DELIVERY BY ELECTRONIC MEANS PURSUANT TO THIS27
010
-7- SECTION RESULTS IN THE PARTY'S RECEIPT OF THE NOTICE OR DOCUMENT.1
(7) A
FTER A PARTY GIVES CONSENT FOR THE DELIVERY OF NOTICES2
AND DOCUMENTS BY ELECTRONIC MEANS , IF A CHANGE IN THE HARDWARE3
OR SOFTWARE REQUIREMENTS NEEDED TO ACCESS OR RETAIN A NOTICE OR4
DOCUMENT CREATES A MATERIAL RISK THAT THE PARTY WILL NOT BE5
ABLE TO ACCESS OR RETAIN A NOTICE OR DOCUMENT TO WHICH THE6
CONSENT APPLIES, THE CARRIER SHALL NOT DELIVER THE NOTICE OR7
DOCUMENT BY ELECTRONIC MEANS UNLESS THE CARRIER COMPLIES WITH8
SUBSECTION (3) OF THIS SECTION AND PROVIDES THE PARTY A STATEMENT9
THAT DESCRIBES:10
(a) T
HE REVISED HARDWARE AND SOFTWARE REQUIREMENTS FOR11
ACCESS TO AND RETENTION OF A NOTICE OR DOCUMENT DELIVERED BY12
ELECTRONIC MEANS; AND13
(b) T
HE RIGHT OF THE PARTY TO WITHDRAW CONSENT WITHOUT14
THE IMPOSITION OF ANY CONDITION OR CONSEQUENCE THAT WAS NOT15
DISCLOSED AT THE TIME OF INITIAL CONSENT.16
(8) (a) T
HIS SECTION DOES NOT AFFECT REQUIREMENTS RELATED17
TO THE CONTENT OR TIMING OF ANY NOTICE OR DOCUMENT REQUIRED BY18
ANY OTHER APPLICABLE LAW .19
(b) I
F ANOTHER APPLICABLE LAW EXPRESSLY REQUIRES A20
CONFIRMATION OF RECEIPT OF A NOTICE OR DOCUMENT , THE NOTICE OR21
DOCUMENT MAY BE DELIVERED BY ELECTRONIC MEANS ONLY IF THE22
METHOD USED PROVIDES FOR ACTIVE CONFIRMATION OF RECEIPT BY THE23
RECIPIENT.24
(c) T
HIS SECTION DOES NOT APPLY TO A NOTICE OR DOCUMENT25
THAT A CARRIER DELIVERED BY ELECTRONIC MEANS BEFORE THE26
EFFECTIVE DATE OF THIS SECTION TO A PARTY WHO , BEFORE THAT DATE,27
010
-8- CONSENTED TO RECEIVE THE NOTICE OR DOCUMENT BY ELECTRONIC1
MEANS AS OTHERWISE ALLOWED BY LAW .2
(d) T
HE LEGAL EFFECTIVENESS, VALIDITY, OR ENFORCEABILITY OF3
ANY CONTRACT OR POLICY OF INSURANCE EXECUTED BY A PARTY SHALL4
NOT BE DENIED SOLELY BECAUSE OF THE FAILURE OF THE CARRIER TO5
OBTAIN OR CONFIRM THE PARTY'S CONSENT FOR THE DELIVERY OF NOTICES6
OR DOCUMENTS BY ELECTRONIC MEANS SO LONG AS THE NOTICE OR7
DOCUMENT IS DELIVERED IN PAPER FORM .8
(9) (a) A
PARTY'S WITHDRAWAL OF CONSENT DOES NOT AFFECT9
THE LEGAL EFFECTIVENESS, VALIDITY, OR ENFORCEABILITY OF A NOTICE10
OR DOCUMENT THAT IS DELIVERED BY ELECTRONIC MEANS TO THE PARTY11
BEFORE THE PARTY'S WITHDRAWAL OF CONSENT IS EFFECTIVE .12
(b) A
WITHDRAWAL OF CONSENT BY A PARTY SHALL BE EFFECTIVE13
WITHIN A REASONABLE PERIOD OF TIME AFTER RECEIPT OF THE14
WITHDRAWAL BY THE CARRIER .15
(c) A
CARRIER'S FAILURE TO COMPLY WITH SUBSECTION (3) OR (4)16
OF THIS SECTION MAY BE TREATED, AT THE ELECTION OF A PARTY, AS A17
WITHDRAWAL OF THE PARTY 'S CONSENT FOR PURPOSES OF THIS SECTION.18
(10) I
F THE CONSENT OF A PARTY TO RECEIVE NOTICES OR19
DOCUMENTS BY ELECTRONIC MEANS IS ON FILE WITH A CARRIER BEFORE20
THE EFFECTIVE DATE OF THIS SECTION , AND A CARRIER INTENDS TO21
DELIVER ADDITIONAL NOTICES OR DOCUMENTS TO THE PARTY BY22
ELECTRONIC MEANS PURSUANT TO THIS SECTION , THEN PRIOR TO23
DELIVERING THE ADDITIONAL NOTICES OR DOCUMENTS BY ELECTRONIC24
MEANS, THE CARRIER SHALL COMPLY WITH SUBSECTION (2) OF THIS25
SECTION AND SHALL PROVIDE THE PARTY A STATEMENT THAT DESCRIBES :26
(a) T
HE NOTICES OR DOCUMENTS TO BE DELIVERED BY ELECTRONIC27
010
-9- MEANS THAT WERE NOT PREVIOUSLY DELIVERED BY ELECTRONIC MEANS ;1
AND2
(b) T
HE PARTY'S RIGHT TO WITHDRAW CONSENT TO HAVE NOTICES3
OR DOCUMENTS DELIVERED BY ELECTRONIC MEANS , WITHOUT THE4
IMPOSITION OF ANY CONDITION OR CONSEQUENCE THAT WAS NOT5
DISCLOSED AT THE TIME OF INITIAL CONSENT.6
(11) (a) A
CARRIER SHALL DELIVER A NOTICE OR DOCUMENT BY7
ANY OTHER DELIVERY METHOD PERMITTED BY LAW OTHER THAN BY8
ELECTRONIC MEANS IF:9
(I) T
HE CARRIER ATTEMPTS TO DELIVER THE NOTICE OR DOCUMENT10
BY ELECTRONIC MEANS AND REASONABLY BELIEVES THAT THE NOTICE OR11
DOCUMENT HAS NOT BEEN RECEIVED BY THE PARTY ; OR12
(II) T
HE CARRIER BECOMES AWARE THAT THE ELECTRONIC MAIL13
ADDRESS PROVIDED BY THE PARTY IS NO LONGER VALID .14
(b) A
PARTY'S CONSENT TO HAVE NOTICES OR DOCUMENTS15
DELIVERED BY ELECTRONIC MEANS DOES NOT PRECLUDE THE CARRIER16
FROM DELIVERING A NOTICE OR DOCUMENT BY ANY OTHER DELIVERY17
METHOD PERMITTED BY LAW .18
(12) A
N INSURANCE PRODUCER LICENSED PURSUANT TO PART 4 OF19
ARTICLE 2 OF THIS TITLE 10 IS NOT SUBJECT TO CIVIL LIABILITY FOR ANY20
HARM OR INJURY THAT OCCURS BECAUSE OF A PARTY 'S ELECTION TO21
RECEIVE ANY NOTICE OR DOCUMENT BY ELECTRONIC MEANS OR BY A22
CARRIER'S FAILURE TO DELIVER OR A PARTY 'S FAILURE TO RECEIVE A23
NOTICE OR DOCUMENT BY ELECTRONIC MEANS .24
(13) (a) A
HEALTH COVERAGE PLAN AND AN ENDORSEMENT THAT25
DOES NOT CONTAIN PERSONAL IDENTIFYING INFORMATION MAY BE26
MAILED, DELIVERED, OR, IF THE CARRIER OBTAINS SEPARATE, SPECIFIC27
010
-10- CONSENT, POSTED ON THE CARRIER'S WEBSITE. IF THE CARRIER ELECTS TO1
POST A COVERED PERSON 'S HEALTH COVERAGE PLAN AND AN2
ENDORSEMENT ON THE CARRIER 'S WEBSITE IN LIEU OF MAILING OR3
DELIVERING THE HEALTH COVERAGE PLAN AND ENDORSEMENT TO THE4
COVERED PERSON, THE CARRIER SHALL COMPLY WITH THE FOLLOWING5
CONDITIONS:6
(I) T
HE HEALTH COVERAGE PLAN AND ENDORSEMENT MUST BE7
ACCESSIBLE TO THE COVERED PERSON AND PRODUCER OF RECORD AND8
REMAIN ACCESSIBLE WHILE THE HEALTH COVERAGE PLAN IS IN FORCE ;9
(II) A
FTER THE EXPIRATION OF THE HEALTH COVERAGE PLAN , THE10
CARRIER SHALL EITHER:11
(A) M
AKE THE EXPIRED HEALTH COVERAGE PLAN AND12
ENDORSEMENT AVAILABLE UPON REQUEST , FOR A PERIOD OF FIVE YEARS;13
OR14
(B) I
F THE CARRIER CONTINUES TO MAKE THE EXPIRED HEALTH15
COVERAGE PLAN OR ENDORSEMENT AVAILABLE ON ITS WEBSITE , CONTINUE16
TO ALLOW THE COVERED PERSON TO ACCESS THE HEALTH COVERAGE PLAN17
AND ENDORSEMENT FOR AT LEAST FIVE YEARS ;18
(III) T
HE CARRIER SHALL POST THE HEALTH COVERAGE PLAN AND19
ENDORSEMENT IN A MANNER THAT ENABLES THE COVERED PERSON AND20
PRODUCER OF RECORD TO PRINT AND SAVE THE HEALTH COVERAGE PLAN21
AND ENDORSEMENT USING A PROGRAM OR APPLICATION THAT IS WIDELY22
AVAILABLE ON THE INTERNET AND FREE TO USE ;23
(IV) T
HE CARRIER SHALL PROVIDE THE FOLLOWING INFORMATION24
IN, OR SIMULTANEOUS WITH, EACH DECLARATION PAGE PROVIDED AT THE25
TIME OF ISSUANCE OF THE INITIAL HEALTH COVERAGE PLAN AND ANY26
RENEWALS OF THE HEALTH COVERAGE PLAN :27
010
-11- (A) A DESCRIPTION OF THE EXACT HEALTH COVERAGE PLAN AND1
ENDORSEMENT FORM APPLICABLE TO THE COVERED PERSON ;2
(B) A
DESCRIPTION OF THE COVERED PERSON'S RIGHT TO RECEIVE,3
UPON REQUEST AND WITHOUT CHARGE , AN ELECTRONIC AND A PAPER COPY4
OF THE HEALTH COVERAGE PLAN AND ENDORSEMENT ; AND5
(C) T
HE INTERNET ADDRESS AT WHICH THE HEALTH COVERAGE6
PLAN AND ENDORSEMENT ARE POSTED ;7
(V) T
HE CARRIER, UPON A COVERED PERSON 'S REQUEST AND8
WITHOUT CHARGE FOLLOWING RECEIPT OF THE INITIAL COPY , SHALL MAIL9
A PAPER COPY OF THE HEALTH COVERAGE PLAN AND E NDORSEMENT TO10
THE COVERED PERSON; EXCEPT THAT THE CARRIER MAY CHARGE A FEE FOR11
SUBSEQUENT MAILINGS OF PAPER COPIES ; AND12
(VI) T
HE CARRIER SHALL PROVIDE NOTICE , EITHER13
ELECTRONICALLY OR IN WRITING AT THE COVERED PERSON 'S OPTION, OF:14
(A) A
NY CHANGE TO THE FORMS OR ENDORSEMENT ;15
(B) T
HE COVERED PERSON'S RIGHT TO OBTAIN, UPON REQUEST AND16
ONCE WITHOUT CHARGE FOLLOWING RECEIPT OF THE INITIAL COPY , A17
PAPER COPY OF THE FORMS OR ENDORSEMENT ; AND18
(C) T
HE INTERNET ADDRESS AT WHICH THE FORMS OR19
ENDORSEMENT IS POSTED.20
(b) T
HIS SUBSECTION (13) DOES NOT AFFECT THE TIMING OR21
CONTENT OF ANY DISCLOSURE OR DOCUMENT REQUIRED TO BE PROVIDED22
OR MADE AVAILABLE TO ANY COVERED PERSON UNDER APPLICABLE LAW .23
(14) O
N OR BEFORE JANUARY 1, 2026, THE COMMISSIONER SHALL24
ADOPT RULES TO IMPLEMENT THIS SECTION , INCLUDING RULES THAT25
REQUIRE EACH CARRIER THAT PROVIDES A HEALTH COVERAGE PLAN TO :26
(a) I
SSUE A STANDARDIZED WRITTEN OR ELECTRONIC CARD27
010
-12- CONTAINING NECESSARY PLAN INFORMATION TO EACH COVERED PERSON ;1
AND2
(b) I
SSUE A WRITTEN VERSION OF THE CARD CONTAINING THE3
REQUIRED INFORMATION TO A COVERED PERSON UPON THE COVERED4
PERSON'S REQUEST.5
SECTION 3.
Act subject to petition - effective date -6
applicability. (1) This act takes effect January 1, 2026; except that, if a7
referendum petition is filed pursuant to section 1 (3) of article V of the8
state constitution against this act or an item, section, or part of this act9
within the ninety-day period after final adjournment of the general10
assembly, then the act, item, section, or part will not take effect unless11
approved by the people at the general election to be held in November12
2026 and, in such case, will take effect January 1, 2026, or on the date of13
the official declaration of the vote thereon by the governor, whichever is14
later.15
(2) This act applies to conduct occurring on or after the applicable16
effective date of this act.17
010
-13-