S.B. No. 2124
AN ACT
relating to the authority of a health benefit plan sponsor to
consent to electronic delivery of certain communications on behalf
of a party enrolled in the plan.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 35.001, Insurance Code, is amended by
adding Subdivision (4-a) to read as follows:
(4-a) "Plan sponsor" means a person, other than a
regulated entity, who establishes, adopts, or maintains a health
benefit plan, including a vision or dental benefit plan, that
covers residents of this state, including a plan established,
adopted, or maintained by an employer or jointly by an employer and
one or more employee organizations, an association, a committee, a
joint board of trustees, or any similar group of representatives
who establish, adopt, or maintain a plan.
SECTION 2. Chapter 35, Insurance Code, is amended by adding
Section 35.0041 to read as follows:
Sec. 35.0041. CONSENT TO ELECTRONIC DELIVERY BY PLAN
SPONSOR. (a) The plan sponsor of a health benefit plan, including
a vision or dental benefit plan, may, on behalf of a party enrolled
in the plan, give the consent required by Section 35.004(c)(1).
(b) Before consenting on behalf of a party, a plan sponsor
must:
(1) provide the party with the statements required by
Sections 35.004(c)(2) and (c)(3)(A);
(2) confirm that the party routinely uses electronic
communications during the normal course of employment; and
(3) provide the party an opportunity to opt out of
delivery by electronic means.
SECTION 3. The change in law made by this Act applies only
to a health benefit plan delivered, issued for delivery, or renewed
on or after January 1, 2022.
SECTION 4. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 2124 passed the Senate on
April 29, 2021, by the following vote: Yeas 30, Nays 1;
May 27, 2021, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 28, 2021, House
granted request of the Senate; May 30, 2021, Senate adopted
Conference Committee Report by the following vote: Yeas 30,
Nays 1.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2124 passed the House, with
amendments, on May 24, 2021, by the following vote: Yeas 146,
Nays 0, one present not voting; May 28, 2021, House granted request
of the Senate for appointment of Conference Committee;
May 30, 2021, House adopted Conference Committee Report by the
following vote: Yeas 141, Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor