Wisconsin Legislative Council
ACT MEMO
One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc
Prepared by: Margit Kelley, Principal Attorney December 15, 2023
2023 Wisconsin Act 78
[2023 Senate Bill 362]
Electronic Delivery of
Documents for Employer -
Sponsored Health Insurance
2023 Wisconsin Act 78 specifies that a health maintenance organization or insurer that provides group
health benefits for an employer may agree to deliver insurance communications electronically to a
person covered by the policy, plan, or contract. Under the act, an employer may consent to electronic
delivery of all communications on behalf of a covered person if the employer confirms for each covered
person that the person routinely uses electronic communications during the normal course of
employment and the person was given an opportunity to opt out of the electronic delivery. An employer
must confirm this information for all new covered persons, when added to the insurance policy, plan, or
contract.
An employer must give a person covered by the policy, plan, or contract an opportunity on an annual
basis to opt out of electronic delivery.
Insurers and health maintenance organizations must document compliance with the act’s
requirements.
Effective date: December 8, 2023
For a full history of the bill, visit the Legislature’s bill history page.
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