§ 304-18-082

304.18 -082 Delivery of communications relating to insurance policy, certificate, plan, or contract by electronic means -- Employer consent -- Compliance requirements. (1) As used in this section: (a) 'Communications' includes health insurance identif ication cards and other documents; (b) 'Covered person' means an individual that: 1. Is an employer -sponsored group member or a dependent of an employer -sponsored group member; and 2. Receives health benefits under an employer -sponsored group health insura nce policy, certificate, plan, or contract; (c) 'Dependent of an employer -sponsored group member' or 'dependents of an employer -sponsored group member' means an individual or individuals that are entitled to receive health benefits under an employer -sponso red group health insurance policy, certificate, plan, or contract solely due to a relationship to an employer -sponsored group member; (d) 'Employer' does not include a federal, state, or local government, including a: 1. Federal, state, or local government entity, agency, or instrumentality; and 2. Public school district or public institution of education; (e) 'Employer -sponsored group health insurance policy,

a: 1. Federal, state, or local government entity, agency, or instrumentality; and 2. Public school district or public institution of education; (e) 'Employer -sponsored group health insurance policy, certificate, plan, or contract' includes limited -scope dental or vision benefits offered by an employer under a separate insurance policy, certificate, plan, or contract; (f) 'Employer -sponsored group memb er' means an individual that is entitled to receive health benefits under an employer -sponsored group health insurance policy, certificate, plan, or contract as a member of the insured group; and (g) 'Insurer' has the same meaning as in KRS 304.17A -005, ex cept for purposes of this section, the term does not include a self -insurer of a governmental plan. (2) Notwithstanding any other law, an insurer may deliver all communications relating to an employer -sponsored group health insurance policy, certificate, p lan, or contract to a covered person by electronic means if: (a) The employer consents to electronic delivery of communications on behalf of the covered person; and (b) The insurer complies with subsection (4) of this section.

ed person by electronic means if: (a) The employer consents to electronic delivery of communications on behalf of the covered person; and (b) The insurer complies with subsection (4) of this section. (3) An employer may consent t o the electronic delivery of communications under subsection (2) of this section if the employer confirms the following for the covered person: (a) The covered person is: 1. An employer -sponsored group member that routinely uses electronic communications d uring the normal course of employment or otherwise; or 2. A dependent of an employer -sponsored group member referenced in subparagraph 1. of this paragraph; and (b) Either: 1. If the covered person is an employer -sponsored group member, the covered person: a. Was given an opportunity to opt out of delivery to the employer - sponsored group member and dependents of the employer - sponsored group member by electronic means; and b. Will be given an opportunity to opt out of delivery to the employer -sponsored group member and dependents of the employer -sponsored group member by electronic means on an annual basis; or 2.

and b. Will be given an opportunity to opt out of delivery to the employer -sponsored group member and dependents of the employer -sponsored group member by electronic means on an annual basis; or 2. If the covered person is not an employer -sponsored group member, the covered person is a dependent of an employer -sponsored group member referenced in subparagraph 1. of this paragraph. (4) Insurers that provide electronic delivery of communications under this section shall: (a) Comply with the: 1. Federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. sec. 7001 et seq.; and 2. Uniform Electronic Transactions Act, KRS 369.101 to 369.120; (b) Not take adverse action against a covered person because the person opts out, or is opted out, of electronic delivery of communications under this section; and (c) Document compliance with thi s section. Effective: July 15, 2024 History: Created 2024 Ky. Acts ch. 20, sec. 1, effective July 15, 2024. Legislative Research Commission Note (7/15/2024). 2024 Ky. Acts ch. 20, sec. 2, provides that this statute shall apply to contracts entered or renew ed on or after July 15, 2024.