| 4 | 6 | | AN ACT |
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| 5 | 7 | | relating to the authority of a health benefit plan sponsor to |
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| 6 | 8 | | consent to electronic delivery of certain communications on behalf |
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| 7 | 9 | | of a party enrolled in the plan. |
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| 8 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 11 | | SECTION 1. Section 35.001, Insurance Code, is amended by |
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| 10 | 12 | | adding Subdivision (4-a) to read as follows: |
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| 11 | 13 | | (4-a) "Plan sponsor" means a person, other than a |
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| 12 | 14 | | regulated entity, who establishes, adopts, or maintains a health |
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| 13 | 15 | | benefit plan, including a vision or dental benefit plan, that |
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| 14 | 16 | | covers residents of this state, including a plan established, |
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| 15 | 17 | | adopted, or maintained by an employer or jointly by an employer and |
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| 16 | 18 | | one or more employee organizations, an association, a committee, a |
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| 17 | 19 | | joint board of trustees, or any similar group of representatives |
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| 18 | 20 | | who establish, adopt, or maintain a plan. |
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| 19 | 21 | | SECTION 2. Chapter 35, Insurance Code, is amended by adding |
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| 20 | 22 | | Section 35.0041 to read as follows: |
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| 21 | 23 | | Sec. 35.0041. CONSENT TO ELECTRONIC DELIVERY BY PLAN |
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| 22 | 24 | | SPONSOR. (a) The plan sponsor of a health benefit plan, including |
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| 23 | 25 | | a vision or dental benefit plan, may, on behalf of a party enrolled |
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| 24 | 26 | | in the plan, give the consent required by Section 35.004(c)(1). |
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| 25 | 27 | | (b) Before consenting on behalf of a party, a plan sponsor |
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| 26 | 28 | | must: |
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| 27 | 29 | | (1) provide the party with the statements required by |
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| 28 | 30 | | Sections 35.004(c)(2) and (c)(3)(A); |
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| 29 | 31 | | (2) confirm that the party routinely uses electronic |
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| 30 | 32 | | communications during the normal course of employment; and |
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| 31 | 33 | | (3) provide the party an opportunity to opt out of |
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| 32 | 34 | | delivery by electronic means. |
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| 33 | 35 | | SECTION 3. The change in law made by this Act applies only |
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| 34 | 36 | | to a health benefit plan delivered, issued for delivery, or renewed |
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| 35 | 37 | | on or after January 1, 2022. |
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| 36 | 38 | | SECTION 4. This Act takes effect September 1, 2021. |
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| 37 | | - | ______________________________ ______________________________ |
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| 38 | | - | President of the Senate Speaker of the House |
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| 39 | | - | I hereby certify that S.B. No. 2124 passed the Senate on |
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| 40 | | - | April 29, 2021, by the following vote: Yeas 30, Nays 1; |
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| 41 | | - | May 27, 2021, Senate refused to concur in House amendments and |
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| 42 | | - | requested appointment of Conference Committee; May 28, 2021, House |
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| 43 | | - | granted request of the Senate; May 30, 2021, Senate adopted |
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| 44 | | - | Conference Committee Report by the following vote: Yeas 30, |
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| 45 | | - | Nays 1. |
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| 46 | | - | ______________________________ |
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| 47 | | - | Secretary of the Senate |
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| 48 | | - | I hereby certify that S.B. No. 2124 passed the House, with |
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| 49 | | - | amendments, on May 24, 2021, by the following vote: Yeas 146, |
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| 50 | | - | Nays 0, one present not voting; May 28, 2021, House granted request |
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| 51 | | - | of the Senate for appointment of Conference Committee; |
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| 52 | | - | May 30, 2021, House adopted Conference Committee Report by the |
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| 53 | | - | following vote: Yeas 141, Nays 0, one present not voting. |
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| 54 | | - | ______________________________ |
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| 55 | | - | Chief Clerk of the House |
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| 56 | | - | Approved: |
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| 57 | | - | ______________________________ |
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| 58 | | - | Date |
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| 59 | | - | ______________________________ |
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| 60 | | - | Governor |
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