44-714.

Health benefit plan; plan sponsor; electronic delivery of communications; consent on behalf of covered person; conditions.

(1) For purposes of this section:

(a) Health benefit plan means a policy, a contract, a certificate, or an agreement entered into, offered by, or issued by an insurer to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services, including a vision or dental benefit plan. Health benefit plan shall not include any coverage pursuant to a liability insurance policy, including medical payments insurance issued as a supplement to a liability insurance policy, or a workers' compensation insurance policy; and

(b) Plan sponsor means:

(i) In the case of a health benefit plan established or maintained by a single employer, the employer;

(ii) In the case of a health benefit plan established or maintained by an employee organization, the employee organization; or

(iii) In the case of a health benefit plan established or maintained by two or more employers or jointly by one or more employers and one or more employee organizations, the association, committee, joint board of trustees, or other similar group of representatives of the parties who establish or maintain the benefit plan.

(2) The plan sponsor of a health benefit plan may, on behalf of covered persons in the plan, provide the consent to the delivery of all communications related to the plan by electronic means and to the electronic delivery of any health insurance identification card if, before consenting on behalf of a covered person, a plan sponsor:

(a) Confirms that the covered person routinely uses electronic communications during the normal course of employment;

(b) Provides the covered person an opportunity to opt out of delivery by electronic means; and

(c) Follows all federal and state laws relating to the electronic delivery of such information or documents.