Amends TCA Title 56 and Title 71.

Before consenting on behalf of insureds, this bill requires a plan sponsor to confirm that the party routinely uses electronic communications during the normal course of employment. In addition, an insurer for the health benefit plan must, before providing delivery by electronic means, meet the criteria that follows: <br /> <br /> (1) Provide the insured with an opportunity to opt out of delivery by electronic means; <br /> <br /> (2) Have a policy in place which makes it mandatory that if the insurer becomes aware that the insured’s email address at which the insured has consented to receive notices or documents is no longer valid, the insurer must send notices or documents as required by other applicable law; <br /> <br /> (3) That policy must also make it mandatory that the insurer retain records for five years, including proof of the date of each electronic mailing and the email address to which each mailing was sent; <br /> <br /> (4) That policy must also make it mandatory that the insured may withdraw his or her consent to receive mailings electronically at any time;<br /> <br /> (5) That policy must also make it mandatory that all conditions have been satisfied to facilitate the electronic mailing of notices and documents, unless existing law requires notices and documents to be delivered by a particular method, and all conditions have been satisfied under the federal Electronic Signatures in Global and National Commerce Act; and <br /> <br /> (6) The policy must also stipulate that the insurer must not cancel, refuse to issue, or refuse to renew a policy because the applicant or insured refuses to agree to receive electronic mailings of notices and documents. <br /> <br /> APPLICABILITY<br /> <br /> This bill does not apply to TennCare or any successor program or the CoverKids Act of 2006 or any successor program. This bill applies to policies under a health benefit plan entered into, amended, or renewed on or July 1, 2023.<br /> <br /> ON MARCH 6, 2023, THE HOUSE SUBSTITUTED SENATE BILL 1297 FOR HOUSE BILL 887, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 1297, AS AMENDED.<br /> <br /> AMENDMENT #1 clarifies that, before providing delivery by electronic means pursuant to this bill, the insurer for the health benefit plan must implement and adhere to a policy that contains certain criteria listed in this bill, instead of only having such a policy.<br /> <br /> This amendment also clarifies that, if the insurer becomes aware that the insured's email address at which the insured has consented to receive notices or documents is no longer valid, the insurer must send physical notices or documents to the insured at the insured's mailing address on file with the insurer.<br />