First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 25-0311.01 Kristen Forrestal x4217
SENATE BILL 25-010
Senate Committees House Committees
Health & Human Services 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
HOUSE
2nd Reading Unamended
February 14, 2025
SENATE
Amended 3rd Reading
February 5, 2025
SENATE
Amended 2nd Reading
February 4, 2025
SENATE SPONSORSHIP
Mullica and Pelton B., Amabile, Bridges, Coleman, Cutter, Daugherty, Frizell, Jaquez
Lewis, Jodeh, Kipp, Kirkmeyer, Marchman, Michaelson Jenet, Pelton R., Rodriguez, Snyder,
Winter F.
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), and (1)(c); and add (1)(d) and (1)(e)3
as follows:4
10-16-135. Health coverage plan information cards - rules -5
standardization - contents. (1) (a) The commissioner shall adopt rules6
requiring every carrier providing a health benefit plan to issue to covered7
persons to whom a health benefit plan identification card is issued a8
standardized, printed OR ELECTRONIC card containing plan information.9
To the extent possible, the rules shall incorporate and not conflict with the10
requirements of section 10-16-124 regarding prescription information11
cards. The commissioner shall adopt initial rules by October 31, 2008,12
that describe the format of a standardized, printed card to be issued by13
carriers to persons covered under a health benefit plan to whom health14
benefit plan identification cards are issued. The rules establishing the15
format for the printed
OR ELECTRONIC card shall include a standard size,
16
shall require the card to be legible and photocopied, and shall delineate17
010-2- the information to be contained on the card, including but not limited to1
the following information, as applicable:2
(b) The rules adopted pursuant to paragraph (a) of this subsection3
(1) shall require all carriers to A CARRIER SHALL issue a standardized,4
printed OR ELECTRONIC card to a covered person to whom a health benefit5
plan identification card is issued upon the purchase or renewal of or6
enrollment in a plan. on or after July 1, 2009. No later than July 1, 2010,7
all carriers shall issue the standardized, printed card to covered persons8
to whom health benefit plan identification cards are issued.9
(c) Nothing in this section shall preclude a carrier from including10
information on the standardized, printed OR ELECTRONIC cards that is in11
addition to the information required to be included on the card pursuant12
to rules adopted pursuant to this section.13
(d) A
CARRIER SHALL PROVIDE A PRINTED CARD TO A COVERED
14
PERSON UPON REQUEST.15
(e) T
HE COMMISSIONER MAY ADOPT RULES TO IMPLEMENT THIS
16
SECTION. 17
SECTION 2. In Colorado Revised Statutes, add 10-16-170 as18
follows:19
10-16-170. Delivery of notices and documents by electronic20
means - definitions - consent required - withdrawal of consent -21
employers - immunity from liability - posting of plans and22
endorsements on carrier website - applicability - rules. (1) A
S USED23
IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :24
(a) "D
ELIVERED BY ELECTRONIC MEANS " MEANS:25
(I) D
ELIVERY TO AN ELECTRONIC MAIL ADDRESS AT WHICH A26
PARTY HAS CONSENTED TO RECEIVE NOTICES OR DOCUMENTS ; OR27
010
-3- (II) POSTING ON AN ELECTRONIC NETWORK , SITE, OR CONSUMER1
PORTAL ACCESSIBLE VIA THE INTERNET , A MOBILE APPLICATION, A2
COMPUTER, A MOBILE DEVICE, A TABLET, OR ANY OTHER ELECTRONIC3
DEVICE, TOGETHER WITH SEPARATE NOTICE OF THE POSTING PROVIDED BY4
ELECTRONIC MAIL TO THE ADDRESS AT WHICH THE PARTY HAS CONSENTED5
TO RECEIVE NOTICE OR BY ANY OTHER DELIVERY METHOD THAT HAS BEEN6
CONSENTED TO BY THE PARTY . THE SEPARATE NOTICE OF THE POSTING7
MUST CONTAIN THE INTERNET ADDRESS AT WHICH THE DOCUMENTS ARE8
POSTED, AND DELIVERY IS EFFECTIVE UPON THE POSTING OR THE ACTUAL9
DELIVERY OF THE SEPARATE NOTICE OF THE POSTING, WHICHEVER OCCURS10
LATER.11
(b) "P
ARTY" MEANS A RECIPIENT OF A NOTICE OR DOCUMENT12
REQUIRED AS PART OF AN INSURANCE TRANSACTION , INCLUDING AN13
APPLICANT FOR HEALTH INSURANCE COVERAGE , A COVERED PERSON, A14
POLICYHOLDER, OR AN ANNUITY CONTRACT HOLDER .15
(2) (a) N
OTWITHSTANDING ANY PROVISION OF THIS ARTICLE 16 TO16
THE CONTRARY, SUBJECT TO THE REQUIREMENTS OF THIS SECTION , A17
NOTICE TO OR FROM A PARTY OR OTHER DOCUMENT REQUIRED BY LAW IN
18
AN INSURANCE TRANSACTION THAT IS RELATED TO A PROVISION IN A19
HEALTH INSURANCE CONTRACT OR THAT IS TO SERVE AS EVIDENCE OF20
HEALTH INSURANCE COVERAGE MAY BE DELIVERED BY A CARRIER OR TO21
A CARRIER, STORED, AND PRESENTED BY ELECTRONIC MEANS IF THE22
ELECTRONIC MEANS MEET THE REQUIREMENTS OF THE "UNIFORM23
E
LECTRONIC TRANSACTIONS ACT", ARTICLE 71.3 OF TITLE 24.24
(b) T
HE DELIVERY OF A NOTICE OR DOCUMENT IN ACCORDANCE25
WITH THIS SECTION IS CONSIDERED THE EQUIVALENT TO AND HAS THE26
SAME EFFECT AS ANY DELIVERY METHOD REQUIRED BY LAW , INCLUDING27
010
-4- DELIVERY BY FIRST-CLASS MAIL, FIRST-CLASS MAIL WITH POSTAGE1
PREPAID, CERTIFIED MAIL, CERTIFICATE OF MAIL, OR CERTIFICATE OF2
MAILING.3
(c) A
CARRIER SHALL ESTABLISH A CONSUMER PORTAL OR OTHER
4
ACCESSIBLE MEANS FOR POLICYHOLDERS TO SUBMIT REQUESTS , NOTICES,5
OR RESPONSES TO THE CARRIER BY ELECTRONIC MEANS , INCLUDING THE6
ABILITY TO CONFIRM THAT THE COMMUNICATION BY ELECTRONIC MEANS7
HAS BEEN RECEIVED BY THE CARRIER.8
(d) A
CARRIER SHALL NOT REQUIRE POLICYHOLDERS TO SUBMIT
9
REQUESTS, NOTICES, OR RESPONSES BY FACSIMILE OR NONELECTRONIC10
MEANS, UNLESS THE CONSUMER CHOOSES SUBMISSION BY FACSIMILE OR11
NONELECTRONIC MEANS .12
(3) A
NOTICE OR DOCUMENT MAY BE DELIVERED BY ELECTRONIC13
MEANS BY A CARRIER TO A PARTY PURSUANT TO THIS SECTION IF :14
(a) T
HE PARTY HAS AFFIRMATIVELY CONSENTED ELECTRONICALLY ,15
OR CONFIRMED CONSENT ELECTRONICALLY , IN A MANNER THAT16
REASONABLY DEMONSTRATES THAT THE PARTY CAN ACCESS INFORMATION17
IN THE ELECTRONIC FORM THAT WILL BE USED FOR NOTICES OR18
DOCUMENTS DELIVERED BY ELECTRONIC MEANS TO WHICH THE PARTY HAS19
GIVEN CONSENT, AND THE PARTY HAS NOT WITHDRAWN THE CONSENT ;20
AND21
(b) B
EFORE THE PARTY CONSENTS , THE CARRIER PROVIDES THE22
PARTY A CLEAR AND CONSPICUOUS STATEMENT INFORMING THE PARTY OF :23
(I) T
HE HARDWARE AND SOFTWARE REQUIREMENTS FOR ACCESS24
TO AND RETENTION OF A NOTICE OR DOCUMENT DELIVERED BY25
ELECTRONIC MEANS;26
(II) T
HE TYPES OF NOTICES AND DOCUMENTS TO WHICH THE27
010
-5- PARTY'S CONSENT APPLIES;1
(III) T
HE RIGHT OF THE PARTY TO WITHDRAW CONSENT AT ANY2
TIME, AT NO CHARGE, AND ANY CONDITIONS OR CONSEQUENCES TO BE3
IMPOSED IN THE EVENT CONSENT IS WITHDRAWN ;4
(IV) T
HE PROCEDURES A PARTY MUST FOLLOW TO WITHDRAW5
CONSENT, WHICH PROCEDURES MUST BE NO MORE BURDENSOME THAN THE6
PROCEDURES REQUIRED TO PROVIDE CONSENT , TO HAVE A NOTICE OR7
DOCUMENT DELIVERED BY ELECTRONIC MEANS , OR TO UPDATE THE8
PARTY'S ELECTRONIC MAIL ADDRESS; AND9
(V) T
HE PARTY'S RIGHT TO HAVE ANY NOTICE OR DOCUMENT10
DELIVERED IN PAPER FORM UPON REQUEST .11
(4) (a) N
OTWITHSTANDING SUBSECTION (3) OF THIS SECTION, AN12
EMPLOYER OFFERING A HEALTH COVERAGE PLAN MAY , ON BEHALF OF A13
COVERED PERSON ENROLLED IN THE PLAN , PROVIDE CONSENT TO THE14
MAILING OF ALL COMMUNICATIONS RELATED TO THE PLAN BY ELECTRONIC15
MEANS IF, BEFORE CONSENTING ON BEHALF OF A COVERED PERSON , AN16
EMPLOYER HAS:17
(I) C
ONFIRMED THAT THE COVERED PERSON ROUTINELY USES18
ELECTRONIC COMMUNICATIONS DURING THE NORMAL COURSE OF19
EMPLOYMENT AND IS ABLE TO ACCESS AND RETAIN ELECTRONIC20
COMMUNICATIONS THAT MAY BE DELIVERED BY THE CARRIER ; AND21
(II) I
NFORMED THE COVERED PERSON THAT THE CONSENT WILL BE22
PROVIDED AND NOTICES AND DOCUMENTS RELATED TO THE PLAN MAY BE23
DELIVERED TO THE COVERED PERSON 'S WORK ELECTRONIC MAIL ADDRESS24
UNLESS THE COVERED PERSON AFFIRMATIVELY OPTS OUT OF DELIVERY BY25
ELECTRONIC MEANS OR PROVIDES AN ALTERNATIVE ELECTRONIC MAIL26
ADDRESS.27
010
-6- (b) THE CARRIER FOR THE HEALTH COVERAGE PLAN SHALL :1
(I) P
ROVIDE THE COVERED PERSON WITH A CLEAR AND2
CONSPICUOUS STATEMENT INFORMING THE COVERED PERSON OF :3
(A) T
HE TYPES OF NOTICES AND DOCUMENTS THAT MAY BE4
DELIVERED TO THE COVERED PERSON BY ELECTRONIC MEANS ;5
(B) T
HE RIGHT OF THE COVERED PERSON TO WITHDRAW CONSENT6
TO HAVE A NOTICE OR DOCUMENT DELIVERED BY ELECTRONIC MEANS AT7
ANY TIME WITHOUT CHARGE ;8
(C) T
HE PROCEDURES THE COVERED PERSON MUST FOLLOW TO9
WITHDRAW CONSENT TO HAVE A NOTICE OR DOCUMENT DELIVERED BY10
ELECTRONIC MEANS AND TO UPDATE THE COVERED PERSON 'S ELECTRONIC11
MAIL ADDRESS;
12
(D) T
HE RIGHT OF THE COVERED PERSON TO HAVE ANY NOTICE OR13
DOCUMENT DELIVERED, UPON REQUEST, IN PAPER FORM FREE OF CHARGE;14
AND15
(E) T
HE RIGHT OF THE COVERED PERSON TO SUBMIT REQUESTS ,
16
NOTICES, OR RESPONSES THROUGH ELECTRONIC MEANS OR THROUGH A17
CONSUMER PORTAL; AND18
(II) P
ROVIDE THE COVERED PERSON AN OPPORTUNITY TO OPT OUT19
OF DELIVERY BY ELECTRONIC MEANS .20
(5) A
CARRIER THAT RECEIVES A PARTY 'S CONSENT FOR THE21
DELIVERY OF NOTICES OR DOCUMENTS BY ELECTRONIC MEANS SHALL22
ENSURE THAT THE APPLICABLE PROVISIONS OF THE CONDITIONS UNDER23
THE "UNIFORM ELECTRONIC TRANSACTIONS ACT", ARTICLE 71.3 OF TITLE24
24,
ARE SATISFIED, AS REQUIRED BY SUBSECTION (2)(a) OF THIS SECTION.25
(6) (a) W
HEN A NOTICE OR DOCUMENT IS PROVIDED26
ELECTRONICALLY TO A PARTY PURSUANT TO THIS SECTION , A CARRIER27
010
-7- SHALL APPRISE THE PARTY OF THE SIGNIFICANCE OF THE NOTICE OR1
DOCUMENT, WHEN IT IS NOT OTHERWISE REASONABLY EVIDENT , AND OF2
THE RIGHT TO REQUEST AND OBTAIN A PAPER VERSION OF THE NOTICE OR3
DOCUMENT.4
(b) A
CARRIER SHALL TAKE ALL REASONABLE MEASURES TO5
ENSURE THAT DELIVERY BY ELECTRONIC MEANS PURSUANT TO THIS6
SECTION RESULTS IN THE PARTY'S RECEIPT OF THE NOTICE OR DOCUMENT.7
(7) A
FTER A PARTY GIVES CONSENT FOR THE DELIVERY OF NOTICES8
AND DOCUMENTS BY ELECTRONIC MEANS , IF A CHANGE IN THE HARDWARE9
OR SOFTWARE REQUIREMENTS NEEDED TO ACCESS OR RETAIN A NOTICE OR10
DOCUMENT CREATES A MATERIAL RISK THAT THE PARTY WILL NOT BE11
ABLE TO ACCESS OR RETAIN A NOTICE OR DOCUMENT TO WHICH THE12
CONSENT APPLIES, THE CARRIER SHALL NOT DELIVER THE NOTICE OR13
DOCUMENT BY ELECTRONIC MEANS UNLESS THE CARRIER COMPLIES WITH14
SUBSECTION (3) OF THIS SECTION AND PROVIDES THE PARTY A STATEMENT15
THAT DESCRIBES:16
(a) T
HE REVISED HARDWARE AND SOFTWARE REQUIREMENTS FOR17
ACCESS TO AND RETENTION OF A NOTICE OR DOCUMENT DELIVERED BY18
ELECTRONIC MEANS; AND19
(b) T
HE RIGHT OF THE PARTY TO WITHDRAW CONSENT WITHOUT20
THE IMPOSITION OF ANY CONDITION OR CONSEQUENCE THAT WAS NOT21
DISCLOSED AT THE TIME OF INITIAL CONSENT.22
(8) (a) T
HIS SECTION DOES NOT AFFECT REQUIREMENTS RELATED23
TO THE CONTENT OR TIMING OF ANY NOTICE OR DOCUMENT REQUIRED BY24
ANY OTHER APPLICABLE LAW .25
(b) I
F ANOTHER APPLICABLE LAW EXPRESSLY REQUIRES A26
CONFIRMATION OF RECEIPT OF A NOTICE OR DOCUMENT , THE NOTICE OR27
010
-8- DOCUMENT MAY BE DELIVERED BY ELECTRONIC MEANS ONLY IF THE1
METHOD USED PROVIDES FOR ACTIVE CONFIRMATION OF RECEIPT BY THE2
RECIPIENT.3
(c) T
HIS SECTION DOES NOT APPLY TO A NOTICE OR DOCUMENT4
THAT A CARRIER DELIVERED BY ELECTRONIC MEANS BEFORE THE5
EFFECTIVE DATE OF THIS SECTION TO A PARTY WHO , BEFORE THAT DATE,6
CONSENTED TO RECEIVE THE NOTICE OR DOCUMENT BY ELECTRONIC7
MEANS AS OTHERWISE ALLOWED BY LAW .8
(d) T
HE LEGAL EFFECTIVENESS, VALIDITY, OR ENFORCEABILITY OF9
ANY CONTRACT OR POLICY OF INSURANCE EXECUTED BY A PARTY SHALL10
NOT BE DENIED SOLELY BECAUSE OF THE FAILURE OF THE CARRIER TO11
OBTAIN OR CONFIRM THE PARTY'S CONSENT FOR THE DELIVERY OF NOTICES12
OR DOCUMENTS BY ELECTRONIC MEANS SO LONG AS THE NOTICE OR13
DOCUMENT IS DELIVERED IN PAPER FORM .14
(9) (a) A
PARTY'S WITHDRAWAL OF CONSENT DOES NOT AFFECT15
THE LEGAL EFFECTIVENESS, VALIDITY, OR ENFORCEABILITY OF A NOTICE16
OR DOCUMENT THAT IS DELIVERED BY ELECTRONIC MEANS TO THE PARTY17
BEFORE THE PARTY'S WITHDRAWAL OF CONSENT IS EFFECTIVE .18
(b) A
WITHDRAWAL OF CONSENT BY A PARTY SHALL BE EFFECTIVE19
WITHIN A REASONABLE PERIOD OF TIME AFTER RECEIPT OF THE20
WITHDRAWAL BY THE CARRIER .21
(c) A
CARRIER'S FAILURE TO COMPLY WITH SUBSECTION (3) OR (4)22
OF THIS SECTION MAY BE TREATED, AT THE ELECTION OF A PARTY, AS A23
WITHDRAWAL OF THE PARTY 'S CONSENT FOR PURPOSES OF THIS SECTION.24
(10) I
F THE CONSENT OF A PARTY TO RECEIVE NOTICES OR25
DOCUMENTS BY ELECTRONIC MEANS IS ON FILE WITH A CARRIER BEFORE26
THE EFFECTIVE DATE OF THIS SECTION , AND A CARRIER INTENDS TO27
010
-9- DELIVER ADDITIONAL NOTICES OR DOCUMENTS TO THE PARTY BY1
ELECTRONIC MEANS PURSUANT TO THIS SECTION , THEN PRIOR TO2
DELIVERING THE ADDITIONAL NOTICES OR DOCUMENTS BY ELECTRONIC3
MEANS, THE CARRIER SHALL COMPLY WITH SUBSECTION (2) OF THIS4
SECTION AND SHALL PROVIDE THE PARTY A STATEMENT THAT DESCRIBES :5
(a) T
HE NOTICES OR DOCUMENTS TO BE DELIVERED BY ELECTRONIC6
MEANS THAT WERE NOT PREVIOUSLY DELIVERED BY ELECTRONIC MEANS ;7
AND8
(b) T
HE PARTY'S RIGHT TO WITHDRAW CONSENT TO HAVE NOTICES9
OR DOCUMENTS DELIVERED BY ELECTRONIC MEANS , WITHOUT THE10
IMPOSITION OF ANY CONDITION OR CONSEQUENCE THAT WAS NOT11
DISCLOSED AT THE TIME OF INITIAL CONSENT.12
(11) (a) A
CARRIER SHALL DELIVER A NOTICE OR DOCUMENT BY13
ANY OTHER DELIVERY METHOD PERMITTED BY LAW OTHER THAN BY14
ELECTRONIC MEANS IF:15
(I) T
HE CARRIER ATTEMPTS TO DELIVER THE NOTICE OR DOCUMENT16
BY ELECTRONIC MEANS AND REASONABLY BELIEVES THAT THE NOTICE OR17
DOCUMENT HAS NOT BEEN RECEIVED BY THE PARTY ; OR18
(II) T
HE CARRIER BECOMES AWARE THAT THE ELECTRONIC MAIL19
ADDRESS PROVIDED BY THE PARTY IS NO LONGER VALID .20
(b) A
PARTY'S CONSENT TO HAVE NOTICES OR DOCUMENTS21
DELIVERED BY ELECTRONIC MEANS DOES NOT PRECLUDE THE CARRIER22
FROM DELIVERING A NOTICE OR DOCUMENT BY ANY OTHER DELIVERY23
METHOD PERMITTED BY LAW .24
(12) A
N INSURANCE PRODUCER LICENSED PURSUANT TO PART 4 OF25
ARTICLE 2 OF THIS TITLE 10 IS NOT SUBJECT TO CIVIL LIABILITY FOR ANY26
HARM OR INJURY THAT OCCURS BECAUSE OF A PARTY 'S ELECTION TO27
010
-10- RECEIVE ANY NOTICE OR DOCUMENT BY ELECTRONIC MEANS OR BY A1
CARRIER'S FAILURE TO DELIVER OR A PARTY 'S FAILURE TO RECEIVE A2
NOTICE OR DOCUMENT BY ELECTRONIC MEANS .3
(13) (a) A
HEALTH COVERAGE PLAN AND AN ENDORSEMENT THAT4
DOES NOT CONTAIN PERSONAL IDENTIFYING INFORMATION MAY BE5
MAILED, DELIVERED, OR, IF THE CARRIER OBTAINS SEPARATE, SPECIFIC6
CONSENT, POSTED ON THE CARRIER'S WEBSITE. IF THE CARRIER ELECTS TO7
POST A COVERED PERSON 'S HEALTH COVERAGE PLAN AND AN8
ENDORSEMENT ON THE CARRIER 'S WEBSITE IN LIEU OF MAILING OR9
DELIVERING THE HEALTH COVERAGE PLAN AND ENDORSEMENT TO THE10
COVERED PERSON, THE CARRIER SHALL COMPLY WITH THE FOLLOWING11
CONDITIONS:12
(I) T
HE HEALTH COVERAGE PLAN AND ENDORSEMENT MUST BE13
ACCESSIBLE TO THE COVERED PERSON AND PRODUCER OF RECORD AND14
REMAIN ACCESSIBLE WHILE THE HEALTH COVERAGE PLAN IS IN FORCE ;15
(II) A
FTER THE EXPIRATION OF THE HEALTH COVERAGE PLAN , THE16
CARRIER SHALL EITHER:17
(A) M
AKE THE EXPIRED HEALTH COVERAGE PLAN AND18
ENDORSEMENT AVAILABLE UPON REQUEST , FOR A PERIOD OF FIVE YEARS;19
OR20
(B) I
F THE CARRIER CONTINUES TO MAKE THE EXPIRED HEALTH21
COVERAGE PLAN OR ENDORSEMENT AVAILABLE ON ITS WEBSITE , CONTINUE22
TO ALLOW THE COVERED PERSON TO ACCESS THE HEALTH COVERAGE PLAN23
AND ENDORSEMENT FOR AT LEAST FIVE YEARS ;24
(III) T
HE CARRIER SHALL POST THE HEALTH COVERAGE PLAN AND25
ENDORSEMENT IN A MANNER THAT ENABLES THE COVERED PERSON AND26
PRODUCER OF RECORD TO PRINT AND SAVE THE HEALTH COVERAGE PLAN27
010
-11- AND ENDORSEMENT USING A PROGRAM OR APPLICATION THAT IS WIDELY1
AVAILABLE ON THE INTERNET AND FREE TO USE ;2
(IV) T
HE CARRIER SHALL PROVIDE THE FOLLOWING INFORMATION3
IN, OR SIMULTANEOUS WITH, EACH DECLARATION PAGE PROVIDED AT THE4
TIME OF ISSUANCE OF THE INITIAL HEALTH COVERAGE PLAN AND ANY5
RENEWALS OF THE HEALTH COVERAGE PLAN :6
(A) A
DESCRIPTION OF THE EXACT HEALTH COVERAGE PLAN AND7
ENDORSEMENT FORM APPLICABLE TO THE COVERED PERSON ;8
(B) A
DESCRIPTION OF THE COVERED PERSON'S RIGHT TO RECEIVE,9
UPON REQUEST AND WITHOUT CHARGE , AN ELECTRONIC AND A PAPER COPY10
OF THE HEALTH COVERAGE PLAN AND ENDORSEMENT ; AND11
(C) T
HE INTERNET ADDRESS AT WHICH THE HEALTH COVERAGE12
PLAN AND ENDORSEMENT ARE POSTED ;13
(V) T
HE CARRIER, UPON A COVERED PERSON 'S REQUEST AND14
WITHOUT CHARGE FOLLOWING RECEIPT OF THE INITIAL COPY , SHALL MAIL15
A PAPER COPY OF THE HEALTH COVERAGE PLAN AND ENDORSEMENT TO16
THE COVERED PERSON; EXCEPT THAT THE CARRIER MAY CHARGE A FEE FOR17
SUBSEQUENT MAILINGS OF PAPER COPIES ; AND18
(VI) T
HE CARRIER SHALL PROVIDE NOTICE , EITHER19
ELECTRONICALLY OR IN WRITING AT THE COVERED PERSON 'S OPTION, OF:20
(A) A
NY CHANGE TO THE FORMS OR ENDORSEMENT ;21
(B) T
HE COVERED PERSON'S RIGHT TO OBTAIN, UPON REQUEST AND22
ONCE WITHOUT CHARGE FOLLOWING RECEIPT OF THE INITIAL COPY , A23
PAPER COPY OF THE FORMS OR ENDORSEMENT ; AND24
(C) T
HE INTERNET ADDRESS AT WHICH THE FORMS OR25
ENDORSEMENT IS POSTED.26
(b) T
HIS SUBSECTION (13) DOES NOT AFFECT THE TIMING OR27
010
-12- CONTENT OF ANY DISCLOSURE OR DOCUMENT REQUIRED TO BE PROVIDED1
OR MADE AVAILABLE TO ANY COVERED PERSON UNDER APPLICABLE LAW .2
(14) T
HE COMMISSIONER MAY ADOPT RULES TO IMPLEMENT THIS
3
SECTION. 4
SECTION 3. Act subject to petition - effective date -5
applicability. (1) This act takes effect January 1, 2026; except that, if a6
referendum petition is filed pursuant to section 1 (3) of article V of the7
state constitution against this act or an item, section, or part of this act8
within the ninety-day period after final adjournment of the general9
assembly, then the act, item, section, or part will not take effect unless10
approved by the people at the general election to be held in November11
2026 and, in such case, will take effect January 1, 2026, or on the date of12
the official declaration of the vote thereon by the governor, whichever is13
later.14
(2) This act applies to conduct occurring on or after the applicable15
effective date of this act.16
010
-13-