Colorado 2025 Regular Session

Colorado Senate Bill SB010 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fifth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 25-0311.01 Kristen Forrestal x4217
1	8		SENATE BILL 25-010
2		-	BY SENATOR(S) Mullica and Pelton B., Amabile, Bridges, Cutter,
3		-	Daugherty, Frizell, Jodeh, Kipp, Kirkmeyer, Marchman, Michaelson Jenet,
4		-	Pelton R., Rodriguez, Snyder, Winter F., Coleman;
5		-	also REPRESENTATIVE(S) Brown, Clifford, Duran, English, Garcia,
6		-	Hamrick, Joseph, Lieder, McCormick, Smith, Story, McCluskie.
	9	+	Senate Committees House Committees
	10	+	Health & Human Services Health & Human Services
	11	+	A BILL FOR AN ACT
7	12		C
8		-	ONCERNING ELECTRONIC COMMUNICATIONS IN HEALTH CARE .
9		-
10		-	Be it enacted by the General Assembly of the State of Colorado:
	13	+	ONCERNING ELECTRONIC COMM UNICATIONS IN HEALTH CARE .101
	14	+	Bill Summary
	15	+	(Note: This summary applies to this bill as introduced and does
	16	+	not reflect any amendments that may be subsequently adopted. If this bill
	17	+	passes third reading in the house of introduction, a bill summary that
	18	+	applies to the reengrossed version of this bill will be available at
	19	+	http://leg.colorado.gov
	20	+	.)
	21	+	Subject to specific requirements, the bill allows a notice to a party
	22	+	or other document required by law in an insurance transaction or that is
	23	+	to serve as evidence of health insurance coverage to be delivered, stored,
	24	+	and presented by electronic means if the electronic means meet the
	25	+	requirements of the "Uniform Electronic Transactions Act". The delivery
	26	+	of a notice or document by electronic means is considered the equivalent
	27	+	to and has the same effect as any other delivery method required by law.
	28	+	The bill requires health insurance carriers to deliver paper
	29	+	HOUSE
	30	+	3rd Reading Unamended
	31	+	February 18, 2025
	32	+	HOUSE
	33	+	2nd Reading Unamended
	34	+	February 14, 2025
	35	+	SENATE
	36	+	Amended 3rd Reading
	37	+	February 5, 2025
	38	+	SENATE
	39	+	Amended 2nd Reading
	40	+	February 4, 2025
	41	+	SENATE SPONSORSHIP
	42	+	Mullica and Pelton B., Amabile, Bridges, Coleman, Cutter, Daugherty, Frizell, Jaquez
	43	+	Lewis, Jodeh, Kipp, Kirkmeyer, Marchman, Michaelson Jenet, Pelton R., Rodriguez, Snyder,
	44	+	Winter F.
	45	+	HOUSE SPONSORSHIP
	46	+	Brown, Clifford, Duran, English, Garcia, Hamrick, Joseph, Lieder, McCluskie, McCormick,
	47	+	Smith, Story
	48	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	49	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	50	+	Dashes through the words or numbers indicate deletions from existing law. communications to individuals that may not have consistent access to the
	51	+	internet and to any individuals that may elect to receive paper
	52	+	communications upon request.
	53	+	An insurance producer is not subject to civil liability for any harm
	54	+	or injury that occurs because of a party's election to receive any notice or
	55	+	document by electronic means or by a carrier's failure to deliver or a
	56	+	party's failure to receive a notice or document by electronic means.
	57	+	A carrier may mail, deliver, or, if the carrier obtains separate,
	58	+	specific consent, post on the carrier's website a health coverage plan and
	59	+	an endorsement that does not contain personal identifying information. If
	60	+	the carrier elects to post a health coverage plan and an endorsement on
	61	+	the carrier's website in lieu of mailing or delivering the health coverage
	62	+	plan and endorsement, the carrier shall comply with certain conditions.
	63	+	The commissioner of insurance is required to adopt rules to
	64	+	implement the bill.
	65	+	Be it enacted by the General Assembly of the State of Colorado:1
11	66		SECTION 1. In Colorado Revised Statutes, 10-16-135, amend
12		-	(1)(a) introductory portion, (1)(b), and (1)(c); and add (1)(d) and (1)(e) as
13		-	follows:
14		-	10-16-135. Health coverage plan information cards - rules -
15		-	standardization - contents. (1) (a) The commissioner shall adopt rules
16		-	requiring every carrier providing a health benefit plan to issue to covered
17		-	persons to whom a health benefit plan identification card is issued a
18		-	standardized, printed
19		-	OR ELECTRONIC card containing plan information. To
20		-	the extent possible, the rules shall incorporate and not conflict with the
21		-	requirements of section 10-16-124 regarding prescription information cards.
22		-	The commissioner shall adopt initial rules by October 31, 2008, that
23		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
24		-	officers and the Governor. To determine whether the Governor has signed the bill
25		-	or taken other action on it, please consult the legislative status sheet, the legislative
26		-	history, or the Session Laws.
27		-	________
28		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29		-	through words or numbers indicate deletions from existing law and such material is not part of
30		-	the act. describe the format of a standardized, printed card to be issued by carriers
31		-	to persons covered under a health benefit plan to whom health benefit plan
32		-	identification cards are issued. The rules establishing the format for the
33		-	printed
34		-	OR ELECTRONIC card shall include a standard size, shall require the
35		-	card to be legible and photocopied, and shall delineate the information to
36		-	be contained on the card, including but not limited to the following
37		-	information, as applicable:
38		-	(b) The rules adopted pursuant to paragraph (a) of this subsection
39		-	(1) shall require all carriers to A CARRIER SHALL issue a standardized,
40		-	printed
41		-	OR ELECTRONIC card to a covered person to whom a health benefit
42		-	plan identification card
43		-	is issued upon the purchase or renewal of or
44		-	enrollment in a plan. on or after July 1, 2009. No later than July 1, 2010, all
45		-	carriers shall issue the standardized, printed card to covered persons to
46		-	whom health benefit plan identification cards are issued.
47		-	(c) Nothing in this section shall preclude a carrier from including
48		-	information on the standardized, printed
49		-	OR ELECTRONIC cards that is in
50		-	addition to the information required to be included on the card pursuant to
51		-	rules adopted pursuant to this section.
	67	+	2
	68	+	(1)(a) introductory portion, (1)(b), and (1)(c); and add (1)(d) and (1)(e)3
	69	+	as follows:4
	70	+	10-16-135. Health coverage plan information cards - rules -5
	71	+	standardization - contents. (1) (a) The commissioner shall adopt rules6
	72	+	requiring every carrier providing a health benefit plan to issue to covered7
	73	+	persons to whom a health benefit plan identification card is issued a8
	74	+	standardized, printed OR ELECTRONIC card containing plan information.9
	75	+	To the extent possible, the rules shall incorporate and not conflict with the10
	76	+	requirements of section 10-16-124 regarding prescription information11
	77	+	cards. The commissioner shall adopt initial rules by October 31, 2008,12
	78	+	that describe the format of a standardized, printed card to be issued by13
	79	+	carriers to persons covered under a health benefit plan to whom health14
	80	+	benefit plan identification cards are issued. The rules establishing the15
	81	+	format for the printed
	82	+	OR ELECTRONIC card shall include a standard size,
	83	+	16
	84	+	shall require the card to be legible and photocopied, and shall delineate17
	85	+	010-2- the information to be contained on the card, including but not limited to1
	86	+	the following information, as applicable:2
	87	+	(b) The rules adopted pursuant to paragraph (a) of this subsection3
	88	+	(1) shall require all carriers to A CARRIER SHALL issue a standardized,4
	89	+	printed OR ELECTRONIC card to a covered person to whom a health benefit5
	90	+	plan identification card is issued upon the purchase or renewal of or6
	91	+	enrollment in a plan. on or after July 1, 2009. No later than July 1, 2010,7
	92	+	all carriers shall issue the standardized, printed card to covered persons8
	93	+	to whom health benefit plan identification cards are issued.9
	94	+	(c) Nothing in this section shall preclude a carrier from including10
	95	+	information on the standardized, printed OR ELECTRONIC cards that is in11
	96	+	addition to the information required to be included on the card pursuant12
	97	+	to rules adopted pursuant to this section.13
52	98		(d) A
53	99		CARRIER SHALL PROVIDE A PRINTED CARD TO A COVERED
54		-	~~PERSON UPON REQUEST~~
55		-	.
	100	+	14
	101	+	PERSON UPON REQUEST.15
56	102		(e) T
57	103		HE COMMISSIONER MAY ADOPT RULES TO IMPLEMENT THIS
58		-	~~SECTION~~
59		-	.
60		-	SECTION 2. In Colorado Revised Statutes, add 10-16-170 as
61		-	follows:
62		-	10-16-170. Delivery of notices and documents by ~~electronic~~
63		-	means - definitions - consent required - withdrawal of consent -
64		-	employers - immunity from liability - posting of plans ~~and~~
	104	+	16
	105	+	SECTION. 17
	106	+	SECTION 2. In Colorado Revised Statutes, add 10-16-170 as18
	107	+	follows:19
	108	+	10-16-170. Delivery of notices and documents by electronic20
	109	+	means - definitions - consent required - withdrawal of consent -21
	110	+	employers - immunity from liability - posting of plans and22
65	111		endorsements on carrier website - applicability - rules. (1) A
66		-	S USED IN
67		-	THIS SECTION
68		-	, UNLESS THE CONTEXT OTHERWISE REQUIRES :
	112	+	S USED23
	113	+	IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :24
69	114		(a) "D
70		-	ELIVERED BY ELECTRONIC MEANS " MEANS:
	115	+	ELIVERED BY ELECTRONIC MEANS " MEANS:25
71	116		(I) D
72		-	ELIVERY TO AN ELECTRONIC MAIL ADDRESS AT WHICH A PARTY
73		-	HAS CONSENTED TO RECEIVE NOTICES OR DOCUMENTS
74		-	; OR
75		-	PAGE 2-SENATE BILL 25-010 (II) POSTING ON AN ELECTRONIC NETWORK , SITE, OR CONSUMER
76		-	PORTAL ACCESSIBLE VIA THE INTERNET
77		-	, A MOBILE APPLICATION , A
78		-	COMPUTER
79		-	, A MOBILE DEVICE, A TABLET, OR ANY OTHER ELECTRONIC
80		-	DEVICE
81		-	, TOGETHER WITH SEPARATE NOTICE OF THE POSTING PROVIDED BY
82		-	ELECTRONIC MAIL TO THE ADDRESS AT WHICH THE PARTY HAS CONSENTED
83		-	TO RECEIVE NOTICE OR BY ANY OTHER DELIVERY METHOD THAT HAS BEEN
84		-	CONSENTED TO BY THE PARTY
85		-	. THE SEPARATE NOTICE OF THE POSTING MUST
86		-	CONTAIN THE INTERNET ADDRESS AT WHICH THE DOCUMENTS ARE POSTED
87		-	,
88		-	AND DELIVERY IS EFFECTIVE UPON THE POSTING OR THE ACTUAL DELIVERY
89		-	OF THE SEPARATE NOTICE OF THE POSTING
90		-	, WHICHEVER OCCURS LATER.
	117	+	ELIVERY TO AN ELECTRONIC MAIL ADDRESS AT WHICH A26
	118	+	PARTY HAS CONSENTED TO RECEIVE NOTICES OR DOCUMENTS ; OR27
	119	+	010
	120	+	-3- (II) POSTING ON AN ELECTRONIC NETWORK , SITE, OR CONSUMER1
	121	+	PORTAL ACCESSIBLE VIA THE INTERNET , A MOBILE APPLICATION, A2
	122	+	COMPUTER, A MOBILE DEVICE, A TABLET, OR ANY OTHER ELECTRONIC3
	123	+	DEVICE, TOGETHER WITH SEPARATE NOTICE OF THE POSTING PROVIDED BY4
	124	+	ELECTRONIC MAIL TO THE ADDRESS AT WHICH THE PARTY HAS CONSENTED5
	125	+	TO RECEIVE NOTICE OR BY ANY OTHER DELIVERY METHOD THAT HAS BEEN6
	126	+	CONSENTED TO BY THE PARTY . THE SEPARATE NOTICE OF THE POSTING7
	127	+	MUST CONTAIN THE INTERNET ADDRESS AT WHICH THE DOCUMENTS ARE8
	128	+	POSTED, AND DELIVERY IS EFFECTIVE UPON THE POSTING OR THE ACTUAL9
	129	+	DELIVERY OF THE SEPARATE NOTICE OF THE POSTING, WHICHEVER OCCURS10
	130	+	LATER.11
91	131		(b) "P
92		-	ARTY" MEANS A RECIPIENT OF A NOTICE OR DOCUMENT
93		-	REQUIRED AS PART OF AN INSURANCE TRANSACTION
94		-	, INCLUDING AN
95		-	APPLICANT FOR HEALTH INSURANCE COVERAGE
96		-	, A COVERED PERSON, A
97		-	POLICYHOLDER
98		-	, OR AN ANNUITY CONTRACT HOLDER .
	132	+	ARTY" MEANS A RECIPIENT OF A NOTICE OR DOCUMENT12
	133	+	REQUIRED AS PART OF AN INSURANCE TRANSACTION , INCLUDING AN13
	134	+	APPLICANT FOR HEALTH INSURANCE COVERAGE , A COVERED PERSON, A14
	135	+	POLICYHOLDER, OR AN ANNUITY CONTRACT HOLDER .15
99	136		(2) (a) N
100		-	OTWITHSTANDING ANY PROVISION OF THIS ARTICLE 16 TO
101		-	THE CONTRARY
102		-	, SUBJECT TO THE REQUIREMENTS OF THIS SECTION, A NOTICE
103		-	TO OR FROM A PARTY OR OTHER DOCUMENT REQUIRED BY LAW IN AN
104		-	INSURANCE TRANSACTION THAT IS RELATED TO A PROVISION IN A HEALTH
105		-	INSURANCE CONTRACT OR THAT IS TO SERVE AS EVIDENCE OF HEALTH
106		-	INSURANCE COVERAGE MAY BE DELIVERED BY A CARRIER OR TO A CARRIER
107		-	,
108		-	STORED, AND PRESENTED BY ELECTRONIC MEANS IF THE ELECTRONIC MEANS
109		-	MEET THE REQUIREMENTS OF THE
110		-	"UNIFORM ELECTRONIC TRANSACTIONS
111		-	ACT", ARTICLE 71.3 OF TITLE 24.
	137	+	OTWITHSTANDING ANY PROVISION OF THIS ARTICLE 16 TO16
	138	+	THE CONTRARY, SUBJECT TO THE REQUIREMENTS OF THIS SECTION , A17
	139	+	NOTICE TO OR FROM A PARTY OR OTHER DOCUMENT REQUIRED BY LAW IN
	140	+	18
	141	+	AN INSURANCE TRANSACTION THAT IS RELATED TO A PROVISION IN A19
	142	+	HEALTH INSURANCE CONTRACT OR THAT IS TO SERVE AS EVIDENCE OF20
	143	+	HEALTH INSURANCE COVERAGE MAY BE DELIVERED BY A CARRIER OR TO21
	144	+	A CARRIER, STORED, AND PRESENTED BY ELECTRONIC MEANS IF THE22
	145	+	ELECTRONIC MEANS MEET THE REQUIREMENTS OF THE "UNIFORM23
	146	+	E
	147	+	LECTRONIC TRANSACTIONS ACT", ARTICLE 71.3 OF TITLE 24.24
112	148		(b) T
113		-	HE DELIVERY OF A NOTICE OR DOCUMENT IN ACCORDANCE WITH
114		-	THIS SECTION IS CONSIDERED THE EQUIVALENT TO AND HAS THE SAME
115		-	EFFECT AS ANY DELIVERY METHOD REQUIRED BY LAW
116		-	, INCLUDING DELIVERY
117		-	BY FIRST
118		-	-CLASS MAIL, FIRST-CLASS MAIL WITH POSTAGE PREPAID, CERTIFIED
119		-	MAIL
120		-	, CERTIFICATE OF MAIL, OR CERTIFICATE OF MAILING.
	149	+	HE DELIVERY OF A NOTICE OR DOCUMENT IN ACCORDANCE25
	150	+	WITH THIS SECTION IS CONSIDERED THE EQUIVALENT TO AND HAS THE26
	151	+	SAME EFFECT AS ANY DELIVERY METHOD REQUIRED BY LAW , INCLUDING27
	152	+	010
	153	+	-4- DELIVERY BY FIRST-CLASS MAIL, FIRST-CLASS MAIL WITH POSTAGE1
	154	+	PREPAID, CERTIFIED MAIL, CERTIFICATE OF MAIL, OR CERTIFICATE OF2
	155	+	MAILING.3
121	156		(c) A
122	157		CARRIER SHALL ESTABLISH A CONSUMER PORTAL OR OTHER
123		-	ACCESSIBLE MEANS FOR POLICYHOLDERS TO SUBMIT REQUESTS
124		-	, NOTICES, OR
125		-	RESPONSES TO THE CARRIER BY ELECTRONIC MEANS
126		-	, INCLUDING THE ABILITY
127		-	TO CONFIRM THAT THE COMMUNICATION BY ELECTRONIC MEANS HAS BEEN
128		-	RECEIVED BY THE CARRIER
129		-	.
	158	+	4
	159	+	ACCESSIBLE MEANS FOR POLICYHOLDERS TO SUBMIT REQUESTS , NOTICES,5
	160	+	OR RESPONSES TO THE CARRIER BY ELECTRONIC MEANS , INCLUDING THE6
	161	+	ABILITY TO CONFIRM THAT THE COMMUNICATION BY ELECTRONIC MEANS7
	162	+	HAS BEEN RECEIVED BY THE CARRIER.8
130	163		(d) A
131	164		CARRIER SHALL NOT REQUIRE POLICYHOLDERS TO SUBMIT
132		-	REQUESTS
133		-	, NOTICES, OR RESPONSES BY FACSIMILE OR NONELECTRONIC
134		-	PAGE 3-SENATE BILL 25-010 MEANS, UNLESS THE CONSUMER CHOOSES SUBMISSION BY FACSIMILE OR
135		-	NONELECTRONIC MEANS
136		-	.
	165	+	9
	166	+	REQUESTS, NOTICES, OR RESPONSES BY FACSIMILE OR NONELECTRONIC10
	167	+	MEANS, UNLESS THE CONSUMER CHOOSES SUBMISSION BY FACSIMILE OR11
	168	+	NONELECTRONIC MEANS .12
137	169		(3) A
138		-	NOTICE OR DOCUMENT MAY BE DELIVERED BY ELECTRONIC
139		-	MEANS BY A CARRIER TO A PARTY PURSUANT TO THIS SECTION IF
140		-	:
	170	+	NOTICE OR DOCUMENT MAY BE DELIVERED BY ELECTRONIC13
	171	+	MEANS BY A CARRIER TO A PARTY PURSUANT TO THIS SECTION IF :14
141	172		(a) T
142		-	HE PARTY HAS AFFIRMATIVELY CONSENTED ELECTRONICALLY ,
143		-	OR CONFIRMED CONSENT ELECTRONICALLY , IN A MANNER ~~THAT~~
144		-	REASONABLY DEMONSTRATES THAT THE PARTY CAN ACCESS ~~INFORMATION~~
145		-	IN THE ELECTRONIC FORM THAT WILL BE USED FOR NOTICES ~~OR DOCUMENTS~~
146		-	DELIVERED BY ELECTRONIC MEANS TO WHICH THE PARTY ~~HAS GIVEN~~
147		-	CONSENT
148		-	~~, AND THE PARTY HAS NOT WITHDRAWN THE CONSENT ; AND~~
149		-	(b) ~~BEFORE THE PARTY CONSENTS , THE CARRIER PROVIDES THE~~
150		-	~~PARTY A CLEAR AND CONSPICUOUS STATEMENT INFORMING~~ THE PARTY OF
151		-	:
	173	+	HE PARTY HAS AFFIRMATIVELY CONSENTED ELECTRONICALLY ,15
	174	+	OR CONFIRMED CONSENT ELECTRONICALLY , IN A MANNER THAT16
	175	+	REASONABLY DEMONSTRATES THAT THE PARTY CAN ACCESS INFORMATION17
	176	+	IN THE ELECTRONIC FORM THAT WILL BE USED FOR NOTICES OR18
	177	+	DOCUMENTS DELIVERED BY ELECTRONIC MEANS TO WHICH THE PARTY HAS19
	178	+	GIVEN CONSENT, AND THE PARTY HAS NOT WITHDRAWN THE CONSENT ;20
	179	+	AND21
	180	+	(b) B
	181	+	EFORE THE PARTY CONSENTS , THE CARRIER PROVIDES THE22
	182	+	PARTY A CLEAR AND CONSPICUOUS STATEMENT INFORMING THE PARTY OF :23
152	183		(I) T
153		-	HE HARDWARE AND SOFTWARE REQUIREMENTS FOR ACCESS TO
154		-	AND RETENTION OF A NOTICE OR DOCUMENT DELIVERED BY ELECTRONIC
155		-	MEANS
156		-	;
	184	+	HE HARDWARE AND SOFTWARE REQUIREMENTS FOR ACCESS24
	185	+	TO AND RETENTION OF A NOTICE OR DOCUMENT DELIVERED BY25
	186	+	ELECTRONIC MEANS;26
157	187		(II) T
158		-	HE TYPES OF NOTICES AND DOCUMENTS TO WHICH ~~THE PARTY 'S~~
159		-	~~CONSENT APPLIES~~
160		-	;
	188	+	HE TYPES OF NOTICES AND DOCUMENTS TO WHICH THE27
	189	+	010
	190	+	-5- PARTY'S CONSENT APPLIES;1
161	191		(III) T
162		-	HE RIGHT OF THE PARTY TO WITHDRAW CONSENT AT ANY TIME ,
163		-	AT NO CHARGE, AND ANY CONDITIONS OR CONSEQUENCES TO BE IMPOSED IN
164		-	THE EVENT CONSENT IS WITHDRAWN
165		-	;
	192	+	HE RIGHT OF THE PARTY TO WITHDRAW CONSENT AT ANY2
	193	+	TIME, AT NO CHARGE, AND ANY CONDITIONS OR CONSEQUENCES TO BE3
	194	+	IMPOSED IN THE EVENT CONSENT IS WITHDRAWN ;4
166	195		(IV) T
167		-	HE PROCEDURES A PARTY MUST FOLLOW TO WITHDRAW
168		-	CONSENT
169		-	, WHICH PROCEDURES MUST BE NO MORE BURDENSOME THAN THE
170		-	PROCEDURES REQUIRED TO PROVIDE CONSENT
171		-	, TO HAVE A NOTICE OR
172		-	DOCUMENT DELIVERED BY ELECTRONIC MEANS
173		-	, OR TO UPDATE THE PARTY'S
174		-	ELECTRONIC MAIL ADDRESS
175		-	; AND
176		-	(V) THE PARTY'S RIGHT TO HAVE ANY NOTICE OR DOCUMENT
177		-	DELIVERED IN PAPER FORM UPON REQUEST
178		-	.
	196	+	HE PROCEDURES A PARTY MUST FOLLOW TO WITHDRAW5
	197	+	CONSENT, WHICH PROCEDURES MUST BE NO MORE BURDENSOME THAN THE6
	198	+	PROCEDURES REQUIRED TO PROVIDE CONSENT , TO HAVE A NOTICE OR7
	199	+	DOCUMENT DELIVERED BY ELECTRONIC MEANS , OR TO UPDATE THE8
	200	+	PARTY'S ELECTRONIC MAIL ADDRESS; AND9
	201	+	(V) T
	202	+	HE PARTY'S RIGHT TO HAVE ANY NOTICE OR DOCUMENT10
	203	+	DELIVERED IN PAPER FORM UPON REQUEST .11
179	204		(4) (a) N
180		-	OTWITHSTANDING SUBSECTION (3) OF THIS SECTION, AN
181		-	EMPLOYER OFFERING A HEALTH COVERAGE PLAN MAY
182		-	, ON BEHALF OF A
183		-	COVERED PERSON ENROLLED IN THE PLAN
184		-	, PROVIDE CONSENT TO THE
185		-	MAILING OF ALL COMMUNICATIONS RELATED TO THE PLAN BY ELECTRONIC
186		-	PAGE 4-SENATE BILL 25-010 MEANS IF, BEFORE CONSENTING ON BEHALF OF A COVERED PERSON , AN
187		-	EMPLOYER HAS
188		-	:
	205	+	OTWITHSTANDING SUBSECTION (3) OF THIS SECTION, AN12
	206	+	EMPLOYER OFFERING A HEALTH COVERAGE PLAN MAY , ON BEHALF OF A13
	207	+	COVERED PERSON ENROLLED IN THE PLAN , PROVIDE CONSENT TO THE14
	208	+	MAILING OF ALL COMMUNICATIONS RELATED TO THE PLAN BY ELECTRONIC15
	209	+	MEANS IF, BEFORE CONSENTING ON BEHALF OF A COVERED PERSON , AN16
	210	+	EMPLOYER HAS:17
189	211		(I) C
190		-	ONFIRMED THAT THE COVERED PERSON ROUTINELY USES
191		-	ELECTRONIC COMMUNICATIONS DURING THE NORMAL COURSE OF
192		-	EMPLOYMENT AND IS ABLE TO ACCESS AND RETAIN ELECTRONIC
193		-	COMMUNICATIONS THAT MAY BE DELIVERED BY THE CARRIER
194		-	; AND
195		-	(II) INFORMED THE COVERED PERSON THAT THE CONSENT WILL BE
196		-	PROVIDED AND NOTICES AND DOCUMENTS RELATED TO THE PLAN MAY BE
197		-	DELIVERED TO THE COVERED PERSON
198		-	'S WORK ELECTRONIC MAIL ADDRESS
199		-	UNLESS THE COVERED PERSON AFFIRMATIVELY OPTS OUT OF DELIVERY BY
200		-	ELECTRONIC MEANS OR PROVIDES AN ALTERNATIVE ELECTRONIC MAIL
201		-	ADDRESS
202		-	.
	212	+	ONFIRMED THAT THE COVERED PERSON ROUTINELY USES18
	213	+	ELECTRONIC COMMUNICATIONS DURING THE NORMAL COURSE OF19
	214	+	EMPLOYMENT AND IS ABLE TO ACCESS AND RETAIN ELECTRONIC20
	215	+	COMMUNICATIONS THAT MAY BE DELIVERED BY THE CARRIER ; AND21
	216	+	(II) I
	217	+	NFORMED THE COVERED PERSON THAT THE CONSENT WILL BE22
	218	+	PROVIDED AND NOTICES AND DOCUMENTS RELATED TO THE PLAN MAY BE23
	219	+	DELIVERED TO THE COVERED PERSON 'S WORK ELECTRONIC MAIL ADDRESS24
	220	+	UNLESS THE COVERED PERSON AFFIRMATIVELY OPTS OUT OF DELIVERY BY25
	221	+	ELECTRONIC MEANS OR PROVIDES AN ALTERNATIVE ELECTRONIC MAIL26
	222	+	ADDRESS.27
	223	+	010
	224	+	-6- (b) THE CARRIER FOR THE HEALTH COVERAGE PLAN SHALL :1
	225	+	(I) P
	226	+	ROVIDE THE COVERED PERSON WITH A CLEAR AND2
	227	+	CONSPICUOUS STATEMENT INFORMING THE COVERED PERSON OF :3
	228	+	(A) T
	229	+	HE TYPES OF NOTICES AND DOCUMENTS THAT MAY BE4
	230	+	DELIVERED TO THE COVERED PERSON BY ELECTRONIC MEANS ;5
203	231		(B) T
204		-	HE CARRIER FOR THE HEALTH COVERAGE PLAN SHALL :
205		-	(I) P
206		-	ROVIDE THE COVERED PERSON WITH A CLEAR AND CONSPICUOUS
207		-	STATEMENT INFORMING THE COVERED PERSON OF
208		-	:
	232	+	HE RIGHT OF THE COVERED PERSON TO WITHDRAW CONSENT6
	233	+	TO HAVE A NOTICE OR DOCUMENT DELIVERED BY ELECTRONIC MEANS AT7
	234	+	ANY TIME WITHOUT CHARGE ;8
	235	+	(C) T
	236	+	HE PROCEDURES THE COVERED PERSON MUST FOLLOW TO9
	237	+	WITHDRAW CONSENT TO HAVE A NOTICE OR DOCUMENT DELIVERED BY10
	238	+	ELECTRONIC MEANS AND TO UPDATE THE COVERED PERSON 'S ELECTRONIC11
	239	+	MAIL ADDRESS;
	240	+	12
	241	+	(D) T
	242	+	HE RIGHT OF THE COVERED PERSON TO HAVE ANY NOTICE OR13
	243	+	DOCUMENT DELIVERED, UPON REQUEST, IN PAPER FORM FREE OF CHARGE;14
	244	+	AND15
	245	+	(E) T
	246	+	HE RIGHT OF THE COVERED PERSON TO SUBMIT REQUESTS ,
	247	+	16
	248	+	NOTICES, OR RESPONSES THROUGH ELECTRONIC MEANS OR THROUGH A17
	249	+	CONSUMER PORTAL; AND18
	250	+	(II) P
	251	+	ROVIDE THE COVERED PERSON AN OPPORTUNITY TO OPT OUT19
	252	+	OF DELIVERY BY ELECTRONIC MEANS .20
	253	+	(5) A
	254	+	CARRIER THAT RECEIVES A PARTY 'S CONSENT FOR THE21
	255	+	DELIVERY OF NOTICES OR DOCUMENTS BY ELECTRONIC MEANS SHALL22
	256	+	ENSURE THAT THE APPLICABLE PROVISIONS OF THE CONDITIONS UNDER23
	257	+	THE "UNIFORM ELECTRONIC TRANSACTIONS ACT", ARTICLE 71.3 OF TITLE24
	258	+	24,
	259	+	ARE SATISFIED, AS REQUIRED BY SUBSECTION (2)(a) OF THIS SECTION.25
	260	+	(6) (a) W
	261	+	HEN A NOTICE OR DOCUMENT IS PROVIDED26
	262	+	ELECTRONICALLY TO A PARTY PURSUANT TO THIS SECTION , A CARRIER27
	263	+	010
	264	+	-7- SHALL APPRISE THE PARTY OF THE SIGNIFICANCE OF THE NOTICE OR1
	265	+	DOCUMENT, WHEN IT IS NOT OTHERWISE REASONABLY EVIDENT , AND OF2
	266	+	THE RIGHT TO REQUEST AND OBTAIN A PAPER VERSION OF THE NOTICE OR3
	267	+	DOCUMENT.4
	268	+	(b) A
	269	+	CARRIER SHALL TAKE ALL REASONABLE MEASURES TO5
	270	+	ENSURE THAT DELIVERY BY ELECTRONIC MEANS PURSUANT TO THIS6
	271	+	SECTION RESULTS IN THE PARTY'S RECEIPT OF THE NOTICE OR DOCUMENT.7
	272	+	(7) A
	273	+	FTER A PARTY GIVES CONSENT FOR THE DELIVERY OF NOTICES8
	274	+	AND DOCUMENTS BY ELECTRONIC MEANS , IF A CHANGE IN THE HARDWARE9
	275	+	OR SOFTWARE REQUIREMENTS NEEDED TO ACCESS OR RETAIN A NOTICE OR10
	276	+	DOCUMENT CREATES A MATERIAL RISK THAT THE PARTY WILL NOT BE11
	277	+	ABLE TO ACCESS OR RETAIN A NOTICE OR DOCUMENT TO WHICH THE12
	278	+	CONSENT APPLIES, THE CARRIER SHALL NOT DELIVER THE NOTICE OR13
	279	+	DOCUMENT BY ELECTRONIC MEANS UNLESS THE CARRIER COMPLIES WITH14
	280	+	SUBSECTION (3) OF THIS SECTION AND PROVIDES THE PARTY A STATEMENT15
	281	+	THAT DESCRIBES:16
209	282		(a) T
210		-	HE ~~TYPES OF NOTICES~~ AND ~~DOCUMENTS THAT MAY BE~~
211		-	~~DELIVERED~~ TO ~~THE COVERED PERSON BY ELECTRONIC MEANS~~
212		-	;
	283	+	HE REVISED HARDWARE AND SOFTWARE REQUIREMENTS FOR17
	284	+	ACCESS TO AND RETENTION OF A NOTICE OR DOCUMENT DELIVERED BY18
	285	+	ELECTRONIC MEANS; AND19
213	286		(b) T
214		-	HE RIGHT OF THE COVERED PERSON TO WITHDRAW CONSENT TO
215		-	HAVE A NOTICE OR DOCUMENT DELIVERED BY ELECTRONIC MEANS AT ANY
216		-	TIME WITHOUT CHARGE
217		-	;
	287	+	HE RIGHT OF THE PARTY TO WITHDRAW CONSENT WITHOUT20
	288	+	THE IMPOSITION OF ANY CONDITION OR CONSEQUENCE THAT WAS NOT21
	289	+	DISCLOSED AT THE TIME OF INITIAL CONSENT.22
	290	+	(8) (a) T
	291	+	HIS SECTION DOES NOT AFFECT REQUIREMENTS RELATED23
	292	+	TO THE CONTENT OR TIMING OF ANY NOTICE OR DOCUMENT REQUIRED BY24
	293	+	ANY OTHER APPLICABLE LAW .25
	294	+	(b) I
	295	+	F ANOTHER APPLICABLE LAW EXPRESSLY REQUIRES A26
	296	+	CONFIRMATION OF RECEIPT OF A NOTICE OR DOCUMENT , THE NOTICE OR27
	297	+	010
	298	+	-8- DOCUMENT MAY BE DELIVERED BY ELECTRONIC MEANS ONLY IF THE1
	299	+	METHOD USED PROVIDES FOR ACTIVE CONFIRMATION OF RECEIPT BY THE2
	300	+	RECIPIENT.3
218	301		(c) T
219		-	HE PROCEDURES THE COVERED PERSON MUST FOLLOW TO
220		-	WITHDRAW CONSENT TO HAVE A NOTICE OR DOCUMENT DELIVERED BY
221		-	ELECTRONIC MEANS AND TO UPDATE THE COVERED PERSON
222		-	'S ELECTRONIC
223		-	MAIL ADDRESS
224		-	;
	302	+	HIS SECTION DOES NOT APPLY TO A NOTICE OR DOCUMENT4
	303	+	THAT A CARRIER DELIVERED BY ELECTRONIC MEANS BEFORE THE5
	304	+	EFFECTIVE DATE OF THIS SECTION TO A PARTY WHO , BEFORE THAT DATE,6
	305	+	CONSENTED TO RECEIVE THE NOTICE OR DOCUMENT BY ELECTRONIC7
	306	+	MEANS AS OTHERWISE ALLOWED BY LAW .8
225	307		(d) T
226		-	HE RIGHT OF THE COVERED PERSON TO HAVE ANY NOTICE OR
227		-	DOCUMENT DELIVERED
228		-	, UPON REQUEST, IN PAPER FORM FREE OF CHARGE;
229		-	AND
230		-	(E) THE RIGHT OF THE COVERED PERSON TO SUBMIT REQUESTS ,
231		-	NOTICES, OR RESPONSES THROUGH ELECTRONIC MEANS OR THROUGH A
232		-	CONSUMER PORTAL
233		-	; AND
234		-	PAGE 5-SENATE BILL 25-010 (II) PROVIDE THE COVERED PERSON AN OPPORTUNITY TO OPT OUT OF
235		-	DELIVERY BY ELECTRONIC MEANS
236		-	.
237		-	(5) A
238		-	CARRIER THAT RECEIVES A PARTY 'S CONSENT FOR THE
239		-	DELIVERY OF NOTICES OR DOCUMENTS BY ELECTRONIC MEANS SHALL
240		-	ENSURE THAT THE APPLICABLE PROVISIONS OF THE CONDITIONS UNDER THE
241		-	"UNIFORM ELECTRONIC TRANSACTIONS ACT", ARTICLE 71.3 OF TITLE 24,
242		-	ARE SATISFIED, AS REQUIRED BY SUBSECTION (2)(a) OF THIS SECTION.
243		-	(6) (a) W
244		-	HEN A NOTICE OR DOCUMENT IS PROVIDED
245		-	ELECTRONICALLY TO A PARTY PURSUANT TO THIS SECTION
246		-	, A CARRIER SHALL
247		-	APPRISE THE PARTY OF THE SIGNIFICANCE OF THE NOTICE OR DOCUMENT
248		-	,
249		-	WHEN IT IS NOT OTHERWISE REASONABLY EVIDENT , AND OF THE RIGHT TO
250		-	REQUEST AND OBTAIN A PAPER VERSION OF THE NOTICE OR DOCUMENT
251		-	.
	308	+	HE LEGAL EFFECTIVENESS, VALIDITY, OR ENFORCEABILITY OF9
	309	+	ANY CONTRACT OR POLICY OF INSURANCE EXECUTED BY A PARTY SHALL10
	310	+	NOT BE DENIED SOLELY BECAUSE OF THE FAILURE OF THE CARRIER TO11
	311	+	OBTAIN OR CONFIRM THE PARTY'S CONSENT FOR THE DELIVERY OF NOTICES12
	312	+	OR DOCUMENTS BY ELECTRONIC MEANS SO LONG AS THE NOTICE OR13
	313	+	DOCUMENT IS DELIVERED IN PAPER FORM .14
	314	+	(9) (a) A
	315	+	PARTY'S WITHDRAWAL OF CONSENT DOES NOT AFFECT15
	316	+	THE LEGAL EFFECTIVENESS, VALIDITY, OR ENFORCEABILITY OF A NOTICE16
	317	+	OR DOCUMENT THAT IS DELIVERED BY ELECTRONIC MEANS TO THE PARTY17
	318	+	BEFORE THE PARTY'S WITHDRAWAL OF CONSENT IS EFFECTIVE .18
252	319		(b) A
253		-	CARRIER SHALL TAKE ALL REASONABLE MEASURES TO ENSURE
254		-	THAT DELIVERY BY ELECTRONIC MEANS PURSUANT TO THIS SECTION RESULTS
255		-	IN THE PARTY
256		-	'S RECEIPT OF THE NOTICE OR DOCUMENT .
257		-	(7) A
258		-	FTER A PARTY GIVES CONSENT FOR THE DELIVERY OF NOTICES
259		-	AND DOCUMENTS BY ELECTRONIC MEANS
260		-	, IF A CHANGE IN THE HARDWARE
261		-	OR SOFTWARE REQUIREMENTS NEEDED TO ACCESS OR RETAIN A NOTICE OR
262		-	DOCUMENT CREATES A MATERIAL RISK THAT THE PARTY WILL NOT BE ABLE
263		-	TO ACCESS OR RETAIN A NOTICE OR DOCUMENT TO WHICH THE CONSENT
264		-	APPLIES
265		-	, THE CARRIER SHALL NOT DELIVER THE NOTICE OR DOCUMENT BY
266		-	ELECTRONIC MEANS UNLESS THE CARRIER COMPLIES WITH SUBSECTION
267		-	(3)
268		-	OF THIS SECTION AND PROVIDES THE PARTY A STATEMENT THAT DESCRIBES :
	320	+	WITHDRAWAL OF CONSENT BY A PARTY SHALL BE EFFECTIVE19
	321	+	WITHIN A REASONABLE PERIOD OF TIME AFTER RECEIPT OF THE20
	322	+	WITHDRAWAL BY THE CARRIER .21
	323	+	(c) A
	324	+	CARRIER'S FAILURE TO COMPLY WITH SUBSECTION (3) OR (4)22
	325	+	OF THIS SECTION MAY BE TREATED, AT THE ELECTION OF A PARTY, AS A23
	326	+	WITHDRAWAL OF THE PARTY 'S CONSENT FOR PURPOSES OF THIS SECTION.24
	327	+	(10) I
	328	+	F THE CONSENT OF A PARTY TO RECEIVE NOTICES OR25
	329	+	DOCUMENTS BY ELECTRONIC MEANS IS ON FILE WITH A CARRIER BEFORE26
	330	+	THE EFFECTIVE DATE OF THIS SECTION , AND A CARRIER INTENDS TO27
	331	+	010
	332	+	-9- DELIVER ADDITIONAL NOTICES OR DOCUMENTS TO THE PARTY BY1
	333	+	ELECTRONIC MEANS PURSUANT TO THIS SECTION , THEN PRIOR TO2
	334	+	DELIVERING THE ADDITIONAL NOTICES OR DOCUMENTS BY ELECTRONIC3
	335	+	MEANS, THE CARRIER SHALL COMPLY WITH SUBSECTION (2) OF THIS4
	336	+	SECTION AND SHALL PROVIDE THE PARTY A STATEMENT THAT DESCRIBES :5
269	337		(a) T
270		-	HE REVISED HARDWARE AND SOFTWARE REQUIREMENTS FOR
271		-	ACCESS TO AND RETENTION OF A NOTICE OR DOCUMENT DELIVERED BY
272		-	ELECTRONIC MEANS
273		-	; AND
274		-	(b) THE RIGHT OF THE PARTY TO WITHDRAW CONSENT WITHOUT THE
275		-	IMPOSITION OF ANY CONDITION OR CONSEQUENCE THAT WAS NOT DISCLOSED
276		-	AT THE TIME OF INITIAL CONSENT
277		-	.
278		-	(8) (a) T
279		-	HIS SECTION DOES NOT AFFECT REQUIREMENTS RELATED TO
280		-	THE CONTENT OR TIMING OF ANY NOTICE OR DOCUMENT REQUIRED BY ANY
281		-	OTHER APPLICABLE LAW
282		-	.
283		-	PAGE 6-SENATE BILL 25-010 (b) IF ANOTHER APPLICABLE LAW EXPRESSLY REQUIRES A
284		-	CONFIRMATION OF RECEIPT OF A NOTICE OR DOCUMENT
285		-	, THE NOTICE OR
286		-	DOCUMENT MAY BE DELIVERED BY ELECTRONIC MEANS ONLY IF THE METHOD
287		-	USED PROVIDES FOR ACTIVE CONFIRMATION OF RECEIPT BY THE RECIPIENT
288		-	.
	338	+	HE NOTICES OR DOCUMENTS TO BE DELIVERED BY ELECTRONIC6
	339	+	MEANS THAT WERE NOT PREVIOUSLY DELIVERED BY ELECTRONIC MEANS ;7
	340	+	AND8
	341	+	(b) T
	342	+	HE PARTY'S RIGHT TO WITHDRAW CONSENT TO HAVE NOTICES9
	343	+	OR DOCUMENTS DELIVERED BY ELECTRONIC MEANS , WITHOUT THE10
	344	+	IMPOSITION OF ANY CONDITION OR CONSEQUENCE THAT WAS NOT11
	345	+	DISCLOSED AT THE TIME OF INITIAL CONSENT.12
	346	+	(11) (a) A
	347	+	CARRIER SHALL DELIVER A NOTICE OR DOCUMENT BY13
	348	+	ANY OTHER DELIVERY METHOD PERMITTED BY LAW OTHER THAN BY14
	349	+	ELECTRONIC MEANS IF:15
	350	+	(I) T
	351	+	HE CARRIER ATTEMPTS TO DELIVER THE NOTICE OR DOCUMENT16
	352	+	BY ELECTRONIC MEANS AND REASONABLY BELIEVES THAT THE NOTICE OR17
	353	+	DOCUMENT HAS NOT BEEN RECEIVED BY THE PARTY ; OR18
	354	+	(II) T
	355	+	HE CARRIER BECOMES AWARE THAT THE ELECTRONIC MAIL19
	356	+	ADDRESS PROVIDED BY THE PARTY IS NO LONGER VALID .20
	357	+	(b) A
	358	+	PARTY'S CONSENT TO HAVE NOTICES OR DOCUMENTS21
	359	+	DELIVERED BY ELECTRONIC MEANS DOES NOT PRECLUDE THE CARRIER22
	360	+	FROM DELIVERING A NOTICE OR DOCUMENT BY ANY OTHER DELIVERY23
	361	+	METHOD PERMITTED BY LAW .24
	362	+	(12) A
	363	+	N INSURANCE PRODUCER LICENSED PURSUANT TO PART 4 OF25
	364	+	ARTICLE 2 OF THIS TITLE 10 IS NOT SUBJECT TO CIVIL LIABILITY FOR ANY26
	365	+	HARM OR INJURY THAT OCCURS BECAUSE OF A PARTY 'S ELECTION TO27
	366	+	010
	367	+	-10- RECEIVE ANY NOTICE OR DOCUMENT BY ELECTRONIC MEANS OR BY A1
	368	+	CARRIER'S FAILURE TO DELIVER OR A PARTY 'S FAILURE TO RECEIVE A2
	369	+	NOTICE OR DOCUMENT BY ELECTRONIC MEANS .3
	370	+	(13) (a) A
	371	+	HEALTH COVERAGE PLAN AND AN ENDORSEMENT THAT4
	372	+	DOES NOT CONTAIN PERSONAL IDENTIFYING INFORMATION MAY BE5
	373	+	MAILED, DELIVERED, OR, IF THE CARRIER OBTAINS SEPARATE, SPECIFIC6
	374	+	CONSENT, POSTED ON THE CARRIER'S WEBSITE. IF THE CARRIER ELECTS TO7
	375	+	POST A COVERED PERSON 'S HEALTH COVERAGE PLAN AND AN8
	376	+	ENDORSEMENT ON THE CARRIER 'S WEBSITE IN LIEU OF MAILING OR9
	377	+	DELIVERING THE HEALTH COVERAGE PLAN AND ENDORSEMENT TO THE10
	378	+	COVERED PERSON, THE CARRIER SHALL COMPLY WITH THE FOLLOWING11
	379	+	CONDITIONS:12
	380	+	(I) T
	381	+	HE HEALTH COVERAGE PLAN AND ENDORSEMENT MUST BE13
	382	+	ACCESSIBLE TO THE COVERED PERSON AND PRODUCER OF RECORD AND14
	383	+	REMAIN ACCESSIBLE WHILE THE HEALTH COVERAGE PLAN IS IN FORCE ;15
	384	+	(II) A
	385	+	FTER THE EXPIRATION OF THE HEALTH COVERAGE PLAN , THE16
	386	+	CARRIER SHALL EITHER:17
	387	+	(A) M
	388	+	AKE THE EXPIRED HEALTH COVERAGE PLAN AND18
	389	+	ENDORSEMENT AVAILABLE UPON REQUEST , FOR A PERIOD OF FIVE YEARS;19
	390	+	OR20
	391	+	(B) I
	392	+	F THE CARRIER CONTINUES TO MAKE THE EXPIRED HEALTH21
	393	+	COVERAGE PLAN OR ENDORSEMENT AVAILABLE ON ITS WEBSITE , CONTINUE22
	394	+	TO ALLOW THE COVERED PERSON TO ACCESS THE HEALTH COVERAGE PLAN23
	395	+	AND ENDORSEMENT FOR AT LEAST FIVE YEARS ;24
	396	+	(III) T
	397	+	HE CARRIER SHALL POST THE HEALTH COVERAGE PLAN AND25
	398	+	ENDORSEMENT IN A MANNER THAT ENABLES THE COVERED PERSON AND26
	399	+	PRODUCER OF RECORD TO PRINT AND SAVE THE HEALTH COVERAGE PLAN27
	400	+	010
	401	+	-11- AND ENDORSEMENT USING A PROGRAM OR APPLICATION THAT IS WIDELY1
	402	+	AVAILABLE ON THE INTERNET AND FREE TO USE ;2
	403	+	(IV) T
	404	+	HE CARRIER SHALL PROVIDE THE FOLLOWING INFORMATION3
	405	+	IN, OR SIMULTANEOUS WITH, EACH DECLARATION PAGE PROVIDED AT THE4
	406	+	TIME OF ISSUANCE OF THE INITIAL HEALTH COVERAGE PLAN AND ANY5
	407	+	RENEWALS OF THE HEALTH COVERAGE PLAN :6
	408	+	(A) A
	409	+	DESCRIPTION OF THE EXACT HEALTH COVERAGE PLAN AND7
	410	+	ENDORSEMENT FORM APPLICABLE TO THE COVERED PERSON ;8
	411	+	(B) A
	412	+	DESCRIPTION OF THE COVERED PERSON'S RIGHT TO RECEIVE,9
	413	+	UPON REQUEST AND WITHOUT CHARGE , AN ELECTRONIC AND A PAPER COPY10
	414	+	OF THE HEALTH COVERAGE PLAN AND ENDORSEMENT ; AND11
289	415		(C) T
290		-	HIS SECTION DOES NOT APPLY TO A NOTICE OR DOCUMENT THAT
291		-	A CARRIER DELIVERED BY ELECTRONIC MEANS BEFORE THE EFFECTIVE DATE
292		-	OF THIS SECTION TO A PARTY WHO
293		-	, BEFORE THAT DATE, CONSENTED TO
294		-	RECEIVE THE NOTICE OR DOCUMENT BY ELECTRONIC MEANS AS OTHERWISE
295		-	ALLOWED BY LAW
296		-	.
297		-	(d) T
298		-	HE LEGAL EFFECTIVENESS, VALIDITY, OR ENFORCEABILITY OF
299		-	ANY CONTRACT OR POLICY OF INSURANCE EXECUTED BY A PARTY SHALL NOT
300		-	BE DENIED SOLELY BECAUSE OF THE FAILURE OF THE CARRIER TO OBTAIN OR
301		-	CONFIRM THE PARTY
302		-	'S CONSENT FOR THE DELIVERY OF NOTICES OR
303		-	DOCUMENTS BY ELECTRONIC MEANS SO LONG AS THE NOTICE OR DOCUMENT
304		-	IS DELIVERED IN PAPER FORM
305		-	.
306		-	(9) (a) A
307		-	PARTY'S WITHDRAWAL OF CONSENT DOES NOT AFFECT THE
308		-	LEGAL EFFECTIVENESS
309		-	, VALIDITY, OR ENFORCEABILITY OF A NOTICE OR
310		-	DOCUMENT THAT IS DELIVERED BY ELECTRONIC MEANS TO THE PARTY
311		-	BEFORE THE PARTY
312		-	'S WITHDRAWAL OF CONSENT IS EFFECTIVE .
313		-	(b) A
314		-	WITHDRAWAL OF CONSENT BY A PARTY SHALL BE EFFECTIVE
315		-	WITHIN A REASONABLE PERIOD OF TIME AFTER RECEIPT OF THE WITHDRAWAL
316		-	BY THE CARRIER
317		-	.
318		-	(c) A
319		-	CARRIER'S FAILURE TO COMPLY WITH SUBSECTION (3) OR (4) OF
320		-	THIS SECTION MAY BE TREATED
321		-	, AT THE ELECTION OF A PARTY , AS A
322		-	WITHDRAWAL OF THE PARTY
323		-	'S CONSENT FOR PURPOSES OF THIS SECTION.
324		-	(10) I
325		-	F THE CONSENT OF A PARTY TO RECEIVE NOTICES OR
326		-	DOCUMENTS BY ELECTRONIC MEANS IS ON FILE WITH A CARRIER BEFORE THE
327		-	EFFECTIVE DATE OF THIS SECTION
328		-	, AND A CARRIER INTENDS TO DELIVER
329		-	ADDITIONAL NOTICES OR DOCUMENTS TO THE PARTY BY ELECTRONIC MEANS
330		-	PURSUANT TO THIS SECTION
331		-	, THEN PRIOR TO DELIVERING THE ADDITIONAL
332		-	NOTICES OR DOCUMENTS BY ELECTRONIC MEANS
333		-	, THE CARRIER SHALL
334		-	COMPLY WITH SUBSECTION
335		-	(2) OF THIS SECTION AND SHALL PROVIDE THE
336		-	PARTY A STATEMENT THAT DESCRIBES
337		-	:
338		-	PAGE 7-SENATE BILL 25-010 (a) THE NOTICES OR DOCUMENTS TO BE DELIVERED BY ELECTRONIC
339		-	MEANS THAT WERE NOT PREVIOUSLY DELIVERED BY ELECTRONIC MEANS
340		-	;
341		-	AND
342		-	(b) THE PARTY'S RIGHT TO WITHDRAW CONSENT TO HAVE NOTICES
343		-	OR DOCUMENTS DELIVERED BY ELECTRONIC MEANS
344		-	, WITHOUT THE
345		-	IMPOSITION OF ANY CONDITION OR CONSEQUENCE THAT WAS NOT DISCLOSED
346		-	AT THE TIME OF INITIAL CONSENT
347		-	.
348		-	(11) (a) A
349		-	CARRIER SHALL DELIVER A NOTICE OR DOCUMENT BY ANY
350		-	OTHER DELIVERY METHOD PERMITTED BY LAW OTHER THAN BY ELECTRONIC
351		-	MEANS IF
352		-	:
353		-	(I) T
354		-	HE CARRIER ATTEMPTS TO DELIVER THE NOTICE OR DOCUMENT
355		-	BY ELECTRONIC MEANS AND REASONABLY BELIEVES THAT THE NOTICE OR
356		-	DOCUMENT HAS NOT BEEN RECEIVED BY THE PARTY
357		-	; OR
358		-	(II) THE CARRIER BECOMES AWARE THAT THE ELECTRONIC MAIL
359		-	ADDRESS PROVIDED BY THE PARTY IS NO LONGER VALID
360		-	.
361		-	(b) A
362		-	PARTY'S CONSENT TO HAVE NOTICES OR DOCUMENTS
363		-	DELIVERED BY ELECTRONIC MEANS DOES NOT PRECLUDE THE CARRIER FROM
364		-	DELIVERING A NOTICE OR DOCUMENT BY ANY OTHER DELIVERY METHOD
365		-	PERMITTED BY LAW
366		-	.
367		-	(12) A
368		-	N INSURANCE PRODUCER LICENSED PURSUANT TO PART 4 OF
369		-	ARTICLE
370		-	2 OF THIS TITLE 10 IS NOT SUBJECT TO CIVIL LIABILITY FOR ANY
371		-	HARM OR INJURY THAT OCCURS BECAUSE OF A PARTY
372		-	'S ELECTION TO
373		-	RECEIVE ANY NOTICE OR DOCUMENT BY ELECTRONIC MEANS OR BY A
374		-	CARRIER
375		-	'S FAILURE TO DELIVER OR A PARTY'S FAILURE TO RECEIVE A NOTICE
376		-	OR DOCUMENT BY ELECTRONIC MEANS
377		-	.
378		-	(13) (a) A
379		-	HEALTH COVERAGE PLAN AND AN ENDORSEMENT THAT
380		-	DOES NOT CONTAIN PERSONAL IDENTIFYING INFORMATION MAY BE MAILED
381		-	,
382		-	DELIVERED, OR, IF THE CARRIER OBTAINS SEPARATE , SPECIFIC CONSENT,
383		-	POSTED ON THE CARRIER'S WEBSITE. IF THE CARRIER ELECTS TO POST A
384		-	COVERED PERSON
385		-	'S HEALTH COVERAGE PLAN AND AN ENDORSEMENT ON THE
386		-	CARRIER
387		-	'S WEBSITE IN LIEU OF MAILING OR DELIVERING THE HEALTH
388		-	COVERAGE PLAN AND ENDORSEMENT TO THE COVERED PERSON
389		-	, THE CARRIER
390		-	SHALL COMPLY WITH THE FOLLOWING CONDITIONS
391		-	:
392		-	PAGE 8-SENATE BILL 25-010 (I) THE HEALTH COVERAGE PLAN AND ENDORSEMENT MUST BE
393		-	ACCESSIBLE TO THE COVERED PERSON AND PRODUCER OF RECORD AND
394		-	REMAIN ACCESSIBLE WHILE THE HEALTH COVERAGE PLAN IS IN FORCE
395		-	;
396		-	(II) A
397		-	FTER THE EXPIRATION OF THE HEALTH COVERAGE PLAN , THE
398		-	CARRIER SHALL EITHER
399		-	:
400		-	(A) M
401		-	AKE THE EXPIRED HEALTH COVERAGE PLAN AND
402		-	ENDORSEMENT AVAILABLE UPON REQUEST
403		-	, FOR A PERIOD OF FIVE YEARS; OR
404		-	(B) IF THE CARRIER CONTINUES TO MAKE THE EXPIRED HEALTH
405		-	COVERAGE PLAN OR ENDORSEMENT AVAILABLE ON ITS WEBSITE
406		-	, CONTINUE
407		-	TO ALLOW THE COVERED PERSON TO ACCESS THE HEALTH COVERAGE PLAN
408		-	AND ENDORSEMENT FOR AT LEAST FIVE YEARS
409		-	;
410		-	(III) T
411		-	HE CARRIER SHALL POST THE HEALTH COVERAGE PLAN AND
412		-	ENDORSEMENT IN A MANNER THAT ENABLES THE COVERED PERSON AND
413		-	PRODUCER OF RECORD TO PRINT AND SAVE THE HEALTH COVERAGE PLAN
414		-	AND ENDORSEMENT USING A PROGRAM OR APPLICATION THAT IS WIDELY
415		-	AVAILABLE ON THE INTERNET AND FREE TO USE
416		-	;
417		-	(IV) T
418		-	HE CARRIER SHALL PROVIDE THE FOLLOWING INFORMATION IN ,
419		-	OR SIMULTANEOUS WITH, EACH DECLARATION PAGE PROVIDED AT THE TIME
420		-	OF ISSUANCE OF THE INITIAL HEALTH COVERAGE PLAN AND ANY RENEWALS
421		-	OF THE HEALTH COVERAGE PLAN
422		-	:
	416	+	HE INTERNET ADDRESS AT WHICH THE HEALTH COVERAGE12
	417	+	PLAN AND ENDORSEMENT ARE POSTED ;13
	418	+	(V) T
	419	+	HE CARRIER, UPON A COVERED PERSON 'S REQUEST AND14
	420	+	WITHOUT CHARGE FOLLOWING RECEIPT OF THE INITIAL COPY , SHALL MAIL15
	421	+	A PAPER COPY OF THE HEALTH COVERAGE PLAN AND ENDORSEMENT TO16
	422	+	THE COVERED PERSON; EXCEPT THAT THE CARRIER MAY CHARGE A FEE FOR17
	423	+	SUBSEQUENT MAILINGS OF PAPER COPIES ; AND18
	424	+	(VI) T
	425	+	HE CARRIER SHALL PROVIDE NOTICE , EITHER19
	426	+	ELECTRONICALLY OR IN WRITING AT THE COVERED PERSON 'S OPTION, OF:20
423	427		(A) A
424		-	DESCRIPTION OF THE EXACT HEALTH COVERAGE PLAN AND
425		-	ENDORSEMENT FORM APPLICABLE TO THE COVERED PERSON
426		-	;
427		-	(B) A
428		-	DESCRIPTION OF THE COVERED PERSON 'S RIGHT TO RECEIVE,
429		-	UPON REQUEST AND WITHOUT CHARGE , AN ELECTRONIC AND A PAPER COPY
430		-	OF THE HEALTH COVERAGE PLAN AND ENDORSEMENT
431		-	; AND
432		-	(C) THE INTERNET ADDRESS AT WHICH THE HEALTH COVERAGE PLAN
433		-	AND ENDORSEMENT ARE POSTED
434		-	;
435		-	(V) T
436		-	HE CARRIER, UPON A COVERED PERSON 'S REQUEST AND
437		-	WITHOUT CHARGE FOLLOWING RECEIPT OF THE INITIAL COPY
438		-	, SHALL MAIL A
439		-	PAPER COPY OF THE HEALTH COVERAGE PLAN AND ENDORSEMENT TO THE
440		-	COVERED PERSON
441		-	; EXCEPT THAT THE CARRIER MAY CHARGE A FEE FOR
442		-	PAGE 9-SENATE BILL 25-010 SUBSEQUENT MAILINGS OF PAPER COPIES ; AND
443		-	(VI) THE CARRIER SHALL PROVIDE NOTICE, EITHER ELECTRONICALLY
444		-	OR IN WRITING AT THE COVERED PERSON
445		-	'S OPTION, OF:
446		-	(A) A
447		-	NY CHANGE TO THE FORMS OR ENDORSEMENT ;
	428	+	NY CHANGE TO THE FORMS OR ENDORSEMENT ;21
448	429		(B) T
449		-	HE COVERED PERSON'S RIGHT TO OBTAIN, UPON REQUEST AND
450		-	ONCE WITHOUT CHARGE FOLLOWING RECEIPT OF THE INITIAL COPY
451		-	, A PAPER
452		-	COPY OF THE FORMS OR ENDORSEMENT
453		-	; AND
454		-	(C) THE INTERNET ADDRESS AT WHICH THE FORMS OR ENDORSEMENT
455		-	IS POSTED
456		-	.
	430	+	HE COVERED PERSON'S RIGHT TO OBTAIN, UPON REQUEST AND22
	431	+	ONCE WITHOUT CHARGE FOLLOWING RECEIPT OF THE INITIAL COPY , A23
	432	+	PAPER COPY OF THE FORMS OR ENDORSEMENT ; AND24
	433	+	(C) T
	434	+	HE INTERNET ADDRESS AT WHICH THE FORMS OR25
	435	+	ENDORSEMENT IS POSTED.26
457	436		(b) T
458		-	HIS SUBSECTION (13) DOES NOT AFFECT THE TIMING OR
459		-	~~CONTENT OF ANY DISCLOSURE OR DOCUMENT REQUIRED TO BE PROVIDED OR~~
460		-	~~MADE AVAILABLE~~ TO ~~ANY COVERED PERSON UNDER APPLICABLE LAW~~
461		-	.
	437	+	HIS SUBSECTION (13) DOES NOT AFFECT THE TIMING OR27
	438	+	010
	439	+	-12- CONTENT OF ANY DISCLOSURE OR DOCUMENT REQUIRED TO BE PROVIDED1
	440	+	OR MADE AVAILABLE TO ANY COVERED PERSON UNDER APPLICABLE LAW .2
462	441		(14) T
463	442		HE COMMISSIONER MAY ADOPT RULES TO IMPLEMENT THIS
464		-	SECTION
465		-	.
466		-	SECTION 3. Act subject to petition - effective date -
467		-	applicability. (1) This act takes effect January 1, 2026; except that, if a
468		-	referendum petition is filed pursuant to section 1 (3) of article V of the state
469		-	constitution against this act or an item, section, or part of this act within the
470		-	ninety-day period after final adjournment of the general assembly, then the
471		-	act, item, section, or part will not take effect unless approved by the people
472		-	at the general election to be held in November 2026 and, in such case, will
473		-	take effect January 1, 2026, or on the date of the official declaration of the
474		-	vote thereon by the governor, whichever is later.
475		-	PAGE 10-SENATE BILL 25-010 (2) This act applies to conduct occurring on or after the applicable
476		-	effective date of this act.
477		-	____________________________ ____________________________
478		-	James Rashad Coleman, Sr. Julie McCluskie
479		-	PRESIDENT OF SPEAKER OF THE HOUSE
480		-	THE SENATE OF REPRESENTATIVES
481		-	____________________________ ____________________________
482		-	Esther van Mourik Vanessa Reilly
483		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
484		-	THE SENATE OF REPRESENTATIVES
485		-	APPROVED________________________________________
486		-	(Date and Time)
487		-	_________________________________________
488		-	Jared S. Polis
489		-	GOVERNOR OF THE STATE OF COLORADO
490		-	PAGE 11-SENATE BILL 25-010
	443	+	3
	444	+	SECTION. 4
	445	+	SECTION 3. Act subject to petition - effective date -5
	446	+	applicability. (1) This act takes effect January 1, 2026; except that, if a6
	447	+	referendum petition is filed pursuant to section 1 (3) of article V of the7
	448	+	state constitution against this act or an item, section, or part of this act8
	449	+	within the ninety-day period after final adjournment of the general9
	450	+	assembly, then the act, item, section, or part will not take effect unless10
	451	+	approved by the people at the general election to be held in November11
	452	+	2026 and, in such case, will take effect January 1, 2026, or on the date of12
	453	+	the official declaration of the vote thereon by the governor, whichever is13
	454	+	later.14
	455	+	(2) This act applies to conduct occurring on or after the applicable15
	456	+	effective date of this act.16
	457	+	010
	458	+	-13-