Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB367 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 367
5	5	July 27, 2023 - Introduced by Representatives MOSES, BROOKS, ALLEN, GUSTAFSON,
6	6	CALLAHAN, KITCHENS, VANDERMEER, RETTINGER, TRANEL, PALMERI, SCHRAA and
7	7	STEFFEN, cosponsored by Senators CABRAL-GUEVARA, FEYEN, HUTTON and
8	8	TESTIN. Referred to Committee on Insurance.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to create 610.63 of the statutes; relating to: permitted electronic
11	11	transmissions under employer-sponsored health insurance policies and plans.
12	12	Analysis by the Legislative Reference Bureau
13	13	This bill allows an insurer or health maintenance organization to agree to
14	14	deliver all communications related to an employer-sponsored group health benefit
15	15	plan, group health plan, or, if provided under a separate policy, certificate, or contract
16	16	of insurance, limited scope-dental or vision benefits to persons covered under such
17	17	a policy or plan by electronic means when the person's employer consents to
18	18	electronic delivery. In order to consent to electronic delivery, the employer must
19	19	confirm that each employee covered under the policy or plan routinely uses electronic
20	20	communications during the normal course of employment, was given an opportunity
21	21	to opt out of delivery by electronic means, and will be given an opportunity to opt out
22	22	of delivery by electronic means on an annual basis. Under current law, an insurer
23	23	may deliver notices and documents to a party by electronic means if certain
24	24	conditions are satisfied, including that the party affirmatively consented to that
25	25	method of delivery and, before the party gave consent, the insurer provided the party
26	26	with a clear and conspicuous statement informing the party of the right or option to
27	27	have notices and documents provided or made available in paper or another
28	28	nonelectronic form and the right of the party to withdraw their consent to have
29	29	notices and documents delivered to them by electronic means.
30	30	The people of the state of Wisconsin, represented in senate and assembly, do
31	31	enact as follows:
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33	33	2 - 2 -2023 - 2024 Legislature LRB-2674/1
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35	35	SECTION 1 ASSEMBLY BILL 367
36	36	SECTION 1. 610.63 of the statutes is created to read:
37	37	610.63 Permitted insurance plan electronic transmissions. (1) In this
38	38	section:
39	39	(a) “Covered person” means an individual that receives health benefits through
40	40	an employer-sponsored group health benefit plan, group health plan, or, if provided
41	41	under a separate policy, certificate, or contract of insurance, limited scope-dental or
42	42	vision benefits.
43	43	(b) “Employer” has the meaning given in s. 632.745 (6).
44	44	(c) “Group health benefit plan” has the meaning given in s. 632.745 (9).
45	45	(d) “Group health plan” has the meaning given in s. 632.745 (10).
46	46	(e) “Health maintenance organization insurer” has the meaning given in s.
47	47	600.03 (23c).
48	48	(f) “Insurer” has the meaning given in s. 600.03 (27).
49	49	(2) (a) Notwithstanding s. 610.60 (3) (a), an insurer or health maintenance
50	50	organization insurer may agree to deliver all communications related to an
51	51	insurance policy, plan, or contract to a covered person by electronic means when the
52	52	covered person's employer consents to electronic delivery of documents on behalf of
53	53	the covered person under the insurance policy, plan, or contract pursuant to par. (b).
54	54	(b) An employer may consent to the delivery of all communications related to
55	55	an insurance policy, plan, or contract to covered persons by electronic means if the
56	56	employer confirms all of the following for each covered person:
57	57	1. The covered person routinely uses electronic communications during the
58	58	normal course of employment.
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82	82	LRB-2674/1
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84	84	SECTION 1
85	85	ASSEMBLY BILL 367
86	86	2. The covered person was given an opportunity to opt out of delivery by
87	87	electronic means and will be given an opportunity to opt out of delivery by electronic
88	88	means on an annual basis.
89	89	(c) An employer that consents to the delivery of all communications related to
90	90	an insurance policy, plan, or contract by electronic means under par. (b) must confirm
91	91	that all new covered persons will routinely use electronic communications during the
92	92	normal course of employment and be given an opportunity to opt out of delivery by
93	93	electronic means when added to the insurance policy, plan, or contract.
94	94	(d) Insurers and health maintenance organization insurers shall document
95	95	compliance under this section.
96	96	(END)
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