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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 367
July 27, 2023 - Introduced by Representatives MOSES, BROOKS, ALLEN, GUSTAFSON,
CALLAHAN, KITCHENS, VANDERMEER, RETTINGER, TRANEL, PALMERI, SCHRAA and
STEFFEN, cosponsored by Senators CABRAL-GUEVARA, FEYEN, HUTTON and
TESTIN. Referred to Committee on Insurance.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to create 610.63 of the statutes; relating to: permitted electronic
transmissions under employer-sponsored health insurance policies and plans.
Analysis by the Legislative Reference Bureau
This bill allows an insurer or health maintenance organization to agree to
deliver all communications related to an employer-sponsored group health benefit
plan, group health plan, or, if provided under a separate policy, certificate, or contract
of insurance, limited scope-dental or vision benefits to persons covered under such
a policy or plan by electronic means when the person's employer consents to
electronic delivery. In order to consent to electronic delivery, the employer must
confirm that each employee covered under the policy or plan routinely uses electronic
communications during the normal course of employment, was given an opportunity
to opt out of delivery by electronic means, and will be given an opportunity to opt out
of delivery by electronic means on an annual basis. Under current law, an insurer
may deliver notices and documents to a party by electronic means if certain
conditions are satisfied, including that the party affirmatively consented to that
method of delivery and, before the party gave consent, the insurer provided the party
with a clear and conspicuous statement informing the party of the right or option to
have notices and documents provided or made available in paper or another
nonelectronic form and the right of the party to withdraw their consent to have
notices and documents delivered to them by electronic means.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
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SECTION 1 ASSEMBLY BILL 367
SECTION 1. 610.63 of the statutes is created to read:
610.63 Permitted insurance plan electronic transmissions. (1) In this
section:
(a) “Covered person” means an individual that receives health benefits through
an employer-sponsored group health benefit plan, group health plan, or, if provided
under a separate policy, certificate, or contract of insurance, limited scope-dental or
vision benefits.
(b) “Employer” has the meaning given in s. 632.745 (6).
(c) “Group health benefit plan” has the meaning given in s. 632.745 (9).
(d) “Group health plan” has the meaning given in s. 632.745 (10).
(e) “Health maintenance organization insurer” has the meaning given in s.
600.03 (23c).
(f) “Insurer” has the meaning given in s. 600.03 (27).
(2) (a) Notwithstanding s. 610.60 (3) (a), an insurer or health maintenance
organization insurer may agree to deliver all communications related to an
insurance policy, plan, or contract to a covered person by electronic means when the
covered person's employer consents to electronic delivery of documents on behalf of
the covered person under the insurance policy, plan, or contract pursuant to par. (b).
(b) An employer may consent to the delivery of all communications related to
an insurance policy, plan, or contract to covered persons by electronic means if the
employer confirms all of the following for each covered person:
1. The covered person routinely uses electronic communications during the
normal course of employment.
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SECTION 1
ASSEMBLY BILL 367
2. The covered person was given an opportunity to opt out of delivery by
electronic means and will be given an opportunity to opt out of delivery by electronic
means on an annual basis.
(c) An employer that consents to the delivery of all communications related to
an insurance policy, plan, or contract by electronic means under par. (b) must confirm
that all new covered persons will routinely use electronic communications during the
normal course of employment and be given an opportunity to opt out of delivery by
electronic means when added to the insurance policy, plan, or contract.
(d) Insurers and health maintenance organization insurers shall document
compliance under this section.
(END)
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