AB 367

This bill allows an insurer or health maintenance organization to agree to

deliver all communications related to an employer-sponsored group health benefit

plan, group health plan, or, if provided under a separate policy, certificate, or contract

of insurance, limited scope-dental or vision benefits to persons covered under such

a policy or plan by electronic means when the person's employer consents to

electronic delivery. In order to consent to electronic delivery, the employer must

confirm that each employee covered under the policy or plan routinely uses electronic

communications during the normal course of employment, 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. Under current law, an insurer

may deliver notices and documents to a party by electronic means if certain

conditions are satisfied, including that the party affirmatively consented to that

method of delivery and, before the party gave consent, the insurer provided the party

with a clear and conspicuous statement informing the party of the right or option to

have notices and documents provided or made available in paper or another

nonelectronic form and the right of the party to withdraw their consent to have

notices and documents delivered to them by electronic means.