Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB362 Compare Versions

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1	1	LRB-3760/1
2	2	JPC:emw
3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 362
5	5	July 13, 2023 - Introduced by Senators CABRAL-GUEVARA, FEYEN, HUTTON and
6	6	TESTIN, cosponsored by Representatives MOSES, BROOKS, ALLEN, CALLAHAN,
7	7	GUSTAFSON, KITCHENS, PALMERI, RETTINGER, SCHRAA, STEFFEN, TRANEL and
8	8	VANDERMEER. Referred to Committee on Insurance and Small Business.
9	9	AN ACT to create 610.63 of the statutes; relating to: permitted electronic
10	10	transmissions under employer-sponsored health insurance policies and plans.
11	11	Analysis by the Legislative Reference Bureau
12	12	This bill allows an insurer or health maintenance organization to agree to
13	13	deliver all communications related to an employer-sponsored group health benefit
14	14	plan, group health plan, or, if provided under a separate policy, certificate, or contract
15	15	of insurance, limited scope-dental or vision benefits to persons covered under such
16	16	a policy or plan by electronic means when the person's employer consents to
17	17	electronic delivery. In order to consent to electronic delivery, the employer must
18	18	confirm that each employee covered under the policy or plan routinely uses electronic
19	19	communications during the normal course of employment, was given an opportunity
20	20	to opt out of delivery by electronic means, and will be given an opportunity to opt out
21	21	of delivery by electronic means on an annual basis. Under current law, an insurer
22	22	may deliver notices and documents to a party by electronic means if certain
23	23	conditions are satisfied, including that the party affirmatively consented to that
24	24	method of delivery and, before the party gave consent, the insurer provided the party
25	25	with a clear and conspicuous statement informing the party of the right or option to
26	26	have notices and documents provided or made available in paper or another
27	27	nonelectronic form and the right of the party to withdraw their consent to have
28	28	notices and documents delivered to them by electronic means.
29	29	The people of the state of Wisconsin, represented in senate and assembly, do
30	30	enact as follows:
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32	32	2 - 2 -2023 - 2024 Legislature LRB-3760/1
33	33	JPC:emw
34	34	SECTION 1 SENATE BILL 362
35	35	SECTION 1. 610.63 of the statutes is created to read:
36	36	610.63 Permitted insurance plan electronic transmissions. (1) In this
37	37	section:
38	38	(a) “Covered person” means an individual that receives health benefits through
39	39	an employer-sponsored group health benefit plan, group health plan, or, if provided
40	40	under a separate policy, certificate, or contract of insurance, limited scope-dental or
41	41	vision benefits.
42	42	(b) “Employer” has the meaning given in s. 632.745 (6).
43	43	(c) “Group health benefit plan” has the meaning given in s. 632.745 (9).
44	44	(d) “Group health plan” has the meaning given in s. 632.745 (10).
45	45	(e) “Health maintenance organization insurer” has the meaning given in s.
46	46	600.03 (23c).
47	47	(f) “Insurer” has the meaning given in s. 600.03 (27).
48	48	(2) (a) Notwithstanding s. 610.60 (3) (a), an insurer or health maintenance
49	49	organization insurer may agree to deliver all communications related to an
50	50	insurance policy, plan, or contract to a covered person by electronic means when the
51	51	covered person's employer consents to electronic delivery of documents on behalf of
52	52	the covered person under the insurance policy, plan, or contract pursuant to par. (b).
53	53	(b) An employer may consent to the delivery of all communications related to
54	54	an insurance policy, plan, or contract to covered persons by electronic means if the
55	55	employer confirms all of the following for each covered person:
56	56	1. The covered person routinely uses electronic communications during the
57	57	normal course of employment.
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81	81	LRB-3760/1
82	82	JPC:emw
83	83	SECTION 1
84	84	SENATE BILL 362
85	85	2. The covered person was given an opportunity to opt out of delivery by
86	86	electronic means and will be given an opportunity to opt out of delivery by electronic
87	87	means on an annual basis.
88	88	(c) An employer that consents to the delivery of all communications related to
89	89	an insurance policy, plan, or contract by electronic means under par. (b) must confirm
90	90	that all new covered persons will routinely use electronic communications during the
91	91	normal course of employment and be given an opportunity to opt out of delivery by
92	92	electronic means when added to the insurance policy, plan, or contract.
93	93	(d) Insurers and health maintenance organization insurers shall document
94	94	compliance under this section.
95	95	(END)
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