Date of enactment:
2023 Senate Bill 362 Date of publication*:
2023 WISCONSIN ACT
AN ACT to create 610.63 of the statutes; relating to: permitted electronic transmissions under employer−sponsored
health insurance policies and plans.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 610.63 of the statutes is created to read:
610.63 Permitted insurance plan electronic trans-
missions. (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 pro-
vided 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 pol-
icy, 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 pur-
suant 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 com-
munications during the normal course of employment.
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 employ-
ment 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.
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.”