SENATE BILL 25-010
BY SENATOR(S) Mullica and Pelton B., Amabile, Bridges, Cutter,
Daugherty, Frizell, Jodeh, Kipp, Kirkmeyer, Marchman, Michaelson Jenet,
Pelton R., Rodriguez, Snyder, Winter F., Coleman;
also REPRESENTATIVE(S) Brown, Clifford, Duran, English, Garcia,
Hamrick, Joseph, Lieder, McCormick, Smith, Story, McCluskie.
C
ONCERNING ELECTRONIC COMMUNICATIONS IN HEALTH CARE .
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 10-16-135, amend
(1)(a) introductory portion, (1)(b), and (1)(c); and add (1)(d) and (1)(e) as
follows:
10-16-135. Health coverage plan information cards - rules -
standardization - contents. (1) (a) The commissioner shall adopt rules
requiring every carrier providing a health benefit plan to issue to covered
persons to whom a health benefit plan identification card is issued a
standardized, printed
OR ELECTRONIC card containing plan information. To
the extent possible, the rules shall incorporate and not conflict with the
requirements of section 10-16-124 regarding prescription information cards.
The commissioner shall adopt initial rules by October 31, 2008, that
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. describe the format of a standardized, printed card to be issued by carriers
to persons covered under a health benefit plan to whom health benefit plan
identification cards are issued. The rules establishing the format for the
printed
OR ELECTRONIC card shall include a standard size, shall require the
card to be legible and photocopied, and shall delineate the information to
be contained on the card, including but not limited to the following
information, as applicable:
(b) The rules adopted pursuant to paragraph (a) of this subsection
(1) shall require all carriers to A CARRIER SHALL issue a standardized,
printed
OR ELECTRONIC card to a covered person to whom a health benefit
plan identification card
is issued upon the purchase or renewal of or
enrollment in a plan. on or after July 1, 2009. No later than July 1, 2010, all
carriers shall issue the standardized, printed card to covered persons to
whom health benefit plan identification cards are issued.
(c) Nothing in this section shall preclude a carrier from including
information on the standardized, printed
OR ELECTRONIC cards that is in
addition to the information required to be included on the card pursuant to
rules adopted pursuant to this section.
(d) A
CARRIER SHALL PROVIDE A PRINTED CARD TO A COVERED
PERSON UPON REQUEST
.
(e) T
HE COMMISSIONER MAY ADOPT RULES TO IMPLEMENT THIS
SECTION
.
SECTION 2. In Colorado Revised Statutes, add 10-16-170 as
follows:
10-16-170. Delivery of notices and documents by electronic
means - definitions - consent required - withdrawal of consent -
employers - immunity from liability - posting of plans and
endorsements on carrier website - applicability - rules. (1) A
S USED IN
THIS SECTION
, UNLESS THE CONTEXT OTHERWISE REQUIRES :
(a) "D
ELIVERED BY ELECTRONIC MEANS " MEANS:
(I) D
ELIVERY TO AN ELECTRONIC MAIL ADDRESS AT WHICH A PARTY
HAS CONSENTED TO RECEIVE NOTICES OR DOCUMENTS
; OR
PAGE 2-SENATE BILL 25-010 (II) POSTING ON AN ELECTRONIC NETWORK , SITE, OR CONSUMER
PORTAL ACCESSIBLE VIA THE INTERNET
, A MOBILE APPLICATION , A
COMPUTER
, A MOBILE DEVICE, A TABLET, OR ANY OTHER ELECTRONIC
DEVICE
, TOGETHER WITH SEPARATE NOTICE OF THE POSTING PROVIDED BY
ELECTRONIC MAIL TO THE ADDRESS AT WHICH THE PARTY HAS CONSENTED
TO RECEIVE NOTICE OR BY ANY OTHER DELIVERY METHOD THAT HAS BEEN
CONSENTED TO BY THE PARTY
. THE SEPARATE NOTICE OF THE POSTING MUST
CONTAIN THE INTERNET ADDRESS AT WHICH THE DOCUMENTS ARE POSTED
,
AND DELIVERY IS EFFECTIVE UPON THE POSTING OR THE ACTUAL DELIVERY
OF THE SEPARATE NOTICE OF THE POSTING
, WHICHEVER OCCURS LATER.
(b) "P
ARTY" MEANS A RECIPIENT OF A NOTICE OR DOCUMENT
REQUIRED AS PART OF AN INSURANCE TRANSACTION
, INCLUDING AN
APPLICANT FOR HEALTH INSURANCE COVERAGE
, A COVERED PERSON, A
POLICYHOLDER
, OR AN ANNUITY CONTRACT HOLDER .
(2) (a) N
OTWITHSTANDING ANY PROVISION OF THIS ARTICLE 16 TO
THE CONTRARY
, SUBJECT TO THE REQUIREMENTS OF THIS SECTION, A NOTICE
TO OR FROM A PARTY OR OTHER DOCUMENT REQUIRED BY LAW IN AN
INSURANCE TRANSACTION THAT IS RELATED TO A PROVISION IN A HEALTH
INSURANCE CONTRACT OR THAT IS TO SERVE AS EVIDENCE OF HEALTH
INSURANCE COVERAGE MAY BE DELIVERED BY A CARRIER OR TO A CARRIER
,
STORED, AND PRESENTED BY ELECTRONIC MEANS IF THE ELECTRONIC MEANS
MEET THE REQUIREMENTS OF THE
"UNIFORM ELECTRONIC TRANSACTIONS
ACT", ARTICLE 71.3 OF TITLE 24.
(b) T
HE DELIVERY OF A NOTICE OR DOCUMENT IN ACCORDANCE WITH
THIS SECTION IS CONSIDERED THE EQUIVALENT TO AND HAS THE SAME
EFFECT AS ANY DELIVERY METHOD REQUIRED BY LAW
, INCLUDING DELIVERY
BY FIRST
-CLASS MAIL, FIRST-CLASS MAIL WITH POSTAGE PREPAID, CERTIFIED
MAIL
, CERTIFICATE OF MAIL, OR CERTIFICATE OF MAILING.
(c) A
CARRIER SHALL ESTABLISH A CONSUMER PORTAL OR OTHER
ACCESSIBLE MEANS FOR POLICYHOLDERS TO SUBMIT REQUESTS
, NOTICES, OR
RESPONSES TO THE CARRIER BY ELECTRONIC MEANS
, INCLUDING THE ABILITY
TO CONFIRM THAT THE COMMUNICATION BY ELECTRONIC MEANS HAS BEEN
RECEIVED BY THE CARRIER
.
(d) A
CARRIER SHALL NOT REQUIRE POLICYHOLDERS TO SUBMIT
REQUESTS
, NOTICES, OR RESPONSES BY FACSIMILE OR NONELECTRONIC
PAGE 3-SENATE BILL 25-010 MEANS, UNLESS THE CONSUMER CHOOSES SUBMISSION BY FACSIMILE OR
NONELECTRONIC MEANS
.
(3) A
NOTICE OR DOCUMENT MAY BE DELIVERED BY ELECTRONIC
MEANS BY A CARRIER TO A PARTY PURSUANT TO THIS SECTION IF
:
(a) T
HE PARTY HAS AFFIRMATIVELY CONSENTED ELECTRONICALLY ,
OR CONFIRMED CONSENT ELECTRONICALLY , IN A MANNER THAT
REASONABLY DEMONSTRATES THAT THE PARTY CAN ACCESS INFORMATION
IN THE ELECTRONIC FORM THAT WILL BE USED FOR NOTICES OR DOCUMENTS
DELIVERED BY ELECTRONIC MEANS TO WHICH THE PARTY HAS GIVEN
CONSENT
, AND THE PARTY HAS NOT WITHDRAWN THE CONSENT ; AND
(b) BEFORE THE PARTY CONSENTS , THE CARRIER PROVIDES THE
PARTY A CLEAR AND CONSPICUOUS STATEMENT INFORMING THE PARTY OF
:
(I) T
HE HARDWARE AND SOFTWARE REQUIREMENTS FOR ACCESS TO
AND RETENTION OF A NOTICE OR DOCUMENT DELIVERED BY ELECTRONIC
MEANS
;
(II) T
HE TYPES OF NOTICES AND DOCUMENTS TO WHICH THE PARTY 'S
CONSENT APPLIES
;
(III) T
HE RIGHT OF THE PARTY TO WITHDRAW CONSENT AT ANY TIME ,
AT NO CHARGE, AND ANY CONDITIONS OR CONSEQUENCES TO BE IMPOSED IN
THE EVENT CONSENT IS WITHDRAWN
;
(IV) T
HE PROCEDURES A PARTY MUST FOLLOW TO WITHDRAW
CONSENT
, WHICH PROCEDURES MUST BE NO MORE BURDENSOME THAN THE
PROCEDURES REQUIRED TO PROVIDE CONSENT
, TO HAVE A NOTICE OR
DOCUMENT DELIVERED BY ELECTRONIC MEANS
, OR TO UPDATE THE PARTY'S
ELECTRONIC MAIL ADDRESS
; AND
(V) THE PARTY'S RIGHT TO HAVE ANY NOTICE OR DOCUMENT
DELIVERED IN PAPER FORM UPON REQUEST
.
(4) (a) N
OTWITHSTANDING SUBSECTION (3) OF THIS SECTION, AN
EMPLOYER OFFERING A HEALTH COVERAGE PLAN MAY
, ON BEHALF OF A
COVERED PERSON ENROLLED IN THE PLAN
, PROVIDE CONSENT TO THE
MAILING OF ALL COMMUNICATIONS RELATED TO THE PLAN BY ELECTRONIC
PAGE 4-SENATE BILL 25-010 MEANS IF, BEFORE CONSENTING ON BEHALF OF A COVERED PERSON , AN
EMPLOYER HAS
:
(I) C
ONFIRMED THAT THE COVERED PERSON ROUTINELY USES
ELECTRONIC COMMUNICATIONS DURING THE NORMAL COURSE OF
EMPLOYMENT AND IS ABLE TO ACCESS AND RETAIN ELECTRONIC
COMMUNICATIONS THAT MAY BE DELIVERED BY THE CARRIER
; AND
(II) INFORMED THE COVERED PERSON THAT THE CONSENT WILL BE
PROVIDED AND NOTICES AND DOCUMENTS RELATED TO THE PLAN MAY BE
DELIVERED TO THE COVERED PERSON
'S WORK ELECTRONIC MAIL ADDRESS
UNLESS THE COVERED PERSON AFFIRMATIVELY OPTS OUT OF DELIVERY BY
ELECTRONIC MEANS OR PROVIDES AN ALTERNATIVE ELECTRONIC MAIL
ADDRESS
.
(b) T
HE CARRIER FOR THE HEALTH COVERAGE PLAN SHALL :
(I) P
ROVIDE THE COVERED PERSON WITH A CLEAR AND CONSPICUOUS
STATEMENT INFORMING THE COVERED PERSON OF
:
(A) T
HE TYPES OF NOTICES AND DOCUMENTS THAT MAY BE
DELIVERED TO THE COVERED PERSON BY ELECTRONIC MEANS
;
(B) T
HE RIGHT OF THE COVERED PERSON TO WITHDRAW CONSENT TO
HAVE A NOTICE OR DOCUMENT DELIVERED BY ELECTRONIC MEANS AT ANY
TIME WITHOUT CHARGE
;
(C) T
HE PROCEDURES THE COVERED PERSON MUST FOLLOW TO
WITHDRAW CONSENT TO HAVE A NOTICE OR DOCUMENT DELIVERED BY
ELECTRONIC MEANS AND TO UPDATE THE COVERED PERSON
'S ELECTRONIC
MAIL ADDRESS
;
(D) T
HE RIGHT OF THE COVERED PERSON TO HAVE ANY NOTICE OR
DOCUMENT DELIVERED
, UPON REQUEST, IN PAPER FORM FREE OF CHARGE;
AND
(E) THE RIGHT OF THE COVERED PERSON TO SUBMIT REQUESTS ,
NOTICES, OR RESPONSES THROUGH ELECTRONIC MEANS OR THROUGH A
CONSUMER PORTAL
; AND
PAGE 5-SENATE BILL 25-010 (II) PROVIDE THE COVERED PERSON AN OPPORTUNITY TO OPT OUT OF
DELIVERY BY ELECTRONIC MEANS
.
(5) A
CARRIER THAT RECEIVES A PARTY 'S CONSENT FOR THE
DELIVERY OF NOTICES OR DOCUMENTS BY ELECTRONIC MEANS SHALL
ENSURE THAT THE APPLICABLE PROVISIONS OF THE CONDITIONS UNDER THE
"UNIFORM ELECTRONIC TRANSACTIONS ACT", ARTICLE 71.3 OF TITLE 24,
ARE SATISFIED, AS REQUIRED BY SUBSECTION (2)(a) OF THIS SECTION.
(6) (a) W
HEN A NOTICE OR DOCUMENT IS PROVIDED
ELECTRONICALLY TO A PARTY PURSUANT TO THIS SECTION
, A CARRIER SHALL
APPRISE THE PARTY OF THE SIGNIFICANCE OF THE NOTICE OR DOCUMENT
,
WHEN IT IS NOT OTHERWISE REASONABLY EVIDENT , AND OF THE RIGHT TO
REQUEST AND OBTAIN A PAPER VERSION OF THE NOTICE OR DOCUMENT
.
(b) A
CARRIER SHALL TAKE ALL REASONABLE MEASURES TO ENSURE
THAT DELIVERY BY ELECTRONIC MEANS PURSUANT TO THIS SECTION RESULTS
IN THE PARTY
'S RECEIPT OF THE NOTICE OR DOCUMENT .
(7) A
FTER A PARTY GIVES CONSENT FOR THE DELIVERY OF NOTICES
AND DOCUMENTS BY ELECTRONIC MEANS
, IF A CHANGE IN THE HARDWARE
OR SOFTWARE REQUIREMENTS NEEDED TO ACCESS OR RETAIN A NOTICE OR
DOCUMENT CREATES A MATERIAL RISK THAT THE PARTY WILL NOT BE ABLE
TO ACCESS OR RETAIN A NOTICE OR DOCUMENT TO WHICH THE CONSENT
APPLIES
, THE CARRIER SHALL NOT DELIVER THE NOTICE OR DOCUMENT BY
ELECTRONIC MEANS UNLESS THE CARRIER COMPLIES WITH SUBSECTION
(3)
OF THIS SECTION AND PROVIDES THE PARTY A STATEMENT THAT DESCRIBES :
(a) T
HE REVISED HARDWARE AND SOFTWARE REQUIREMENTS FOR
ACCESS TO AND RETENTION OF A NOTICE OR DOCUMENT DELIVERED BY
ELECTRONIC MEANS
; AND
(b) THE RIGHT OF THE PARTY TO WITHDRAW CONSENT WITHOUT THE
IMPOSITION OF ANY CONDITION OR CONSEQUENCE THAT WAS NOT DISCLOSED
AT THE TIME OF INITIAL CONSENT
.
(8) (a) T
HIS SECTION DOES NOT AFFECT REQUIREMENTS RELATED TO
THE CONTENT OR TIMING OF ANY NOTICE OR DOCUMENT REQUIRED BY ANY
OTHER APPLICABLE LAW
.
PAGE 6-SENATE BILL 25-010 (b) IF ANOTHER APPLICABLE LAW EXPRESSLY REQUIRES A
CONFIRMATION OF RECEIPT OF A NOTICE OR DOCUMENT
, THE NOTICE OR
DOCUMENT MAY BE DELIVERED BY ELECTRONIC MEANS ONLY IF THE METHOD
USED PROVIDES FOR ACTIVE CONFIRMATION OF RECEIPT BY THE RECIPIENT
.
(c) T
HIS SECTION DOES NOT APPLY TO A NOTICE OR DOCUMENT THAT
A CARRIER DELIVERED BY ELECTRONIC MEANS BEFORE THE EFFECTIVE DATE
OF THIS SECTION TO A PARTY WHO
, BEFORE THAT DATE, CONSENTED TO
RECEIVE THE NOTICE OR DOCUMENT BY ELECTRONIC MEANS AS OTHERWISE
ALLOWED BY LAW
.
(d) T
HE LEGAL EFFECTIVENESS, VALIDITY, OR ENFORCEABILITY OF
ANY CONTRACT OR POLICY OF INSURANCE EXECUTED BY A PARTY SHALL NOT
BE DENIED SOLELY BECAUSE OF THE FAILURE OF THE CARRIER TO OBTAIN OR
CONFIRM THE PARTY
'S CONSENT FOR THE DELIVERY OF NOTICES OR
DOCUMENTS BY ELECTRONIC MEANS SO LONG AS THE NOTICE OR DOCUMENT
IS DELIVERED IN PAPER FORM
.
(9) (a) A
PARTY'S WITHDRAWAL OF CONSENT DOES NOT AFFECT THE
LEGAL EFFECTIVENESS
, VALIDITY, OR ENFORCEABILITY OF A NOTICE OR
DOCUMENT THAT IS DELIVERED BY ELECTRONIC MEANS TO THE PARTY
BEFORE THE PARTY
'S WITHDRAWAL OF CONSENT IS EFFECTIVE .
(b) A
WITHDRAWAL OF CONSENT BY A PARTY SHALL BE EFFECTIVE
WITHIN A REASONABLE PERIOD OF TIME AFTER RECEIPT OF THE WITHDRAWAL
BY THE CARRIER
.
(c) A
CARRIER'S FAILURE TO COMPLY WITH SUBSECTION (3) OR (4) OF
THIS SECTION MAY BE TREATED
, AT THE ELECTION OF A PARTY , AS A
WITHDRAWAL OF THE PARTY
'S CONSENT FOR PURPOSES OF THIS SECTION.
(10) I
F THE CONSENT OF A PARTY TO RECEIVE NOTICES OR
DOCUMENTS BY ELECTRONIC MEANS IS ON FILE WITH A CARRIER BEFORE THE
EFFECTIVE DATE OF THIS SECTION
, AND A CARRIER INTENDS TO DELIVER
ADDITIONAL NOTICES OR DOCUMENTS TO THE PARTY BY ELECTRONIC MEANS
PURSUANT TO THIS SECTION
, THEN PRIOR TO DELIVERING THE ADDITIONAL
NOTICES OR DOCUMENTS BY ELECTRONIC MEANS
, THE CARRIER SHALL
COMPLY WITH SUBSECTION
(2) OF THIS SECTION AND SHALL PROVIDE THE
PARTY A STATEMENT THAT DESCRIBES
:
PAGE 7-SENATE BILL 25-010 (a) THE NOTICES OR DOCUMENTS TO BE DELIVERED BY ELECTRONIC
MEANS THAT WERE NOT PREVIOUSLY DELIVERED BY ELECTRONIC MEANS
;
AND
(b) THE PARTY'S RIGHT TO WITHDRAW CONSENT TO HAVE NOTICES
OR DOCUMENTS DELIVERED BY ELECTRONIC MEANS
, WITHOUT THE
IMPOSITION OF ANY CONDITION OR CONSEQUENCE THAT WAS NOT DISCLOSED
AT THE TIME OF INITIAL CONSENT
.
(11) (a) A
CARRIER SHALL DELIVER A NOTICE OR DOCUMENT BY ANY
OTHER DELIVERY METHOD PERMITTED BY LAW OTHER THAN BY ELECTRONIC
MEANS IF
:
(I) T
HE CARRIER ATTEMPTS TO DELIVER THE NOTICE OR DOCUMENT
BY ELECTRONIC MEANS AND REASONABLY BELIEVES THAT THE NOTICE OR
DOCUMENT HAS NOT BEEN RECEIVED BY THE PARTY
; OR
(II) THE CARRIER BECOMES AWARE THAT THE ELECTRONIC MAIL
ADDRESS PROVIDED BY THE PARTY IS NO LONGER VALID
.
(b) A
PARTY'S CONSENT TO HAVE NOTICES OR DOCUMENTS
DELIVERED BY ELECTRONIC MEANS DOES NOT PRECLUDE THE CARRIER FROM
DELIVERING A NOTICE OR DOCUMENT BY ANY OTHER DELIVERY METHOD
PERMITTED BY LAW
.
(12) A
N INSURANCE PRODUCER LICENSED PURSUANT TO PART 4 OF
ARTICLE
2 OF THIS TITLE 10 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
.
(13) (a) A
HEALTH COVERAGE PLAN AND AN ENDORSEMENT THAT
DOES NOT CONTAIN PERSONAL IDENTIFYING INFORMATION MAY BE MAILED
,
DELIVERED, OR, IF THE CARRIER OBTAINS SEPARATE , SPECIFIC CONSENT,
POSTED ON THE CARRIER'S WEBSITE. IF THE CARRIER ELECTS TO POST A
COVERED PERSON
'S HEALTH COVERAGE PLAN AND AN ENDORSEMENT ON THE
CARRIER
'S WEBSITE IN LIEU OF MAILING OR DELIVERING THE HEALTH
COVERAGE PLAN AND ENDORSEMENT TO THE COVERED PERSON
, THE CARRIER
SHALL COMPLY WITH THE FOLLOWING CONDITIONS
:
PAGE 8-SENATE BILL 25-010 (I) THE HEALTH COVERAGE PLAN AND ENDORSEMENT MUST BE
ACCESSIBLE TO THE COVERED PERSON AND PRODUCER OF RECORD AND
REMAIN ACCESSIBLE WHILE THE HEALTH COVERAGE PLAN IS IN FORCE
;
(II) A
FTER THE EXPIRATION OF THE HEALTH COVERAGE PLAN , THE
CARRIER SHALL EITHER
:
(A) M
AKE THE EXPIRED HEALTH COVERAGE PLAN AND
ENDORSEMENT AVAILABLE UPON REQUEST
, FOR A PERIOD OF FIVE YEARS; OR
(B) IF THE CARRIER CONTINUES TO MAKE THE EXPIRED HEALTH
COVERAGE PLAN OR ENDORSEMENT AVAILABLE ON ITS WEBSITE
, CONTINUE
TO ALLOW THE COVERED PERSON TO ACCESS THE HEALTH COVERAGE PLAN
AND ENDORSEMENT FOR AT LEAST FIVE YEARS
;
(III) T
HE CARRIER SHALL POST THE HEALTH COVERAGE PLAN AND
ENDORSEMENT IN A MANNER THAT ENABLES THE COVERED PERSON AND
PRODUCER OF RECORD TO PRINT AND SAVE THE HEALTH COVERAGE PLAN
AND ENDORSEMENT USING A PROGRAM OR APPLICATION THAT IS WIDELY
AVAILABLE ON THE INTERNET AND FREE TO USE
;
(IV) T
HE CARRIER SHALL PROVIDE THE FOLLOWING INFORMATION IN ,
OR SIMULTANEOUS WITH, EACH DECLARATION PAGE PROVIDED AT THE TIME
OF ISSUANCE OF THE INITIAL HEALTH COVERAGE PLAN AND ANY RENEWALS
OF THE HEALTH COVERAGE PLAN
:
(A) A
DESCRIPTION OF THE EXACT HEALTH COVERAGE PLAN AND
ENDORSEMENT FORM APPLICABLE TO THE COVERED PERSON
;
(B) A
DESCRIPTION OF THE COVERED PERSON 'S RIGHT TO RECEIVE,
UPON REQUEST AND WITHOUT CHARGE , AN ELECTRONIC AND A PAPER COPY
OF THE HEALTH COVERAGE PLAN AND ENDORSEMENT
; AND
(C) THE INTERNET ADDRESS AT WHICH THE HEALTH COVERAGE PLAN
AND ENDORSEMENT ARE POSTED
;
(V) T
HE CARRIER, UPON A COVERED PERSON 'S REQUEST AND
WITHOUT CHARGE FOLLOWING RECEIPT OF THE INITIAL COPY
, SHALL MAIL A
PAPER COPY OF THE HEALTH COVERAGE PLAN AND ENDORSEMENT TO THE
COVERED PERSON
; EXCEPT THAT THE CARRIER MAY CHARGE A FEE FOR
PAGE 9-SENATE BILL 25-010 SUBSEQUENT MAILINGS OF PAPER COPIES ; AND
(VI) THE CARRIER SHALL PROVIDE NOTICE, EITHER ELECTRONICALLY
OR IN WRITING AT THE COVERED PERSON
'S OPTION, OF:
(A) A
NY CHANGE TO THE FORMS OR ENDORSEMENT ;
(B) T
HE COVERED PERSON'S RIGHT TO OBTAIN, UPON REQUEST AND
ONCE WITHOUT CHARGE FOLLOWING RECEIPT OF THE INITIAL COPY
, A PAPER
COPY OF THE FORMS OR ENDORSEMENT
; AND
(C) THE INTERNET ADDRESS AT WHICH THE FORMS OR ENDORSEMENT
IS POSTED
.
(b) T
HIS SUBSECTION (13) DOES NOT AFFECT THE TIMING OR
CONTENT OF ANY DISCLOSURE OR DOCUMENT REQUIRED TO BE PROVIDED OR
MADE AVAILABLE TO ANY COVERED PERSON UNDER APPLICABLE LAW
.
(14) T
HE COMMISSIONER MAY ADOPT RULES TO IMPLEMENT THIS
SECTION
.
SECTION 3. Act subject to petition - effective date -
applicability. (1) This act takes effect January 1, 2026; except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within the
ninety-day period after final adjournment of the general assembly, then the
act, item, section, or part will not take effect unless approved by the people
at the general election to be held in November 2026 and, in such case, will
take effect January 1, 2026, or on the date of the official declaration of the
vote thereon by the governor, whichever is later.
PAGE 10-SENATE BILL 25-010 (2) This act applies to conduct occurring on or after the applicable
effective date of this act.
____________________________ ____________________________
James Rashad Coleman, Sr. Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Esther van Mourik Vanessa Reilly
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 11-SENATE BILL 25-010