Current through 2023-2024 Legislative Session Chapter 709
Section 33-24-14.1 - Electronic delivery of plan documentation(a) As used in this Code section, the term: (1) 'Health benefit plan' means a policy, contract, certificate, or agreement entered into, offered by, or issued by an insurer to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare services, including a vision or dental benefit plan.(2) 'Plan sponsor' means a person, other than a regulated entity, who establishes, adopts, or maintains a health benefit plan that covers residents of this state, including a plan established, adopted, or maintained by an employer or jointly by an employer and one or more employee organizations, an association, a committee, a joint board of trustees, or any similar group of representatives who establish, adopt, or maintain a plan.(b) The plan sponsor of a health benefit plan may, on behalf of a covered person, consent to the delivery of the plan by electronic transmittal or electronic posting, to the delivery of all communications related to the plan by electronic means , and to the electronic delivery of any health insurance identification card required by Code Section 33-24-57.1.(c) Before consenting on behalf of a covered person, a plan sponsor shall confirm that the covered person routinely uses electronic communications during the normal course of employment.(c.1) Before providing delivery of a health benefit plan by electronic transmittal or electronic posting, the insurer for the plan shall:(1) Provide the covered person an opportunity to opt out of the electronic transmittal or electronic posting of the plan; and(2) Document that the remaining conditions under subparagraphs (a)(2)(B) through (a)(2)(E) of Code Section 33-24-14are satisfied.(d) Before providing delivery of communications related to the plan or a health insurance identification card by electronic means, the insurer for the health benefit plan shall: (1) Provide the covered person an opportunity to opt out of delivery by electronic means; and(2) Document that the remaining conditions under paragraphs (4) through (9) of subsection (d) of Code Section 33-24-14are satisfied.Amended by 2024 Ga. Laws 398,§ 4, eff. 7/1/2024, app. to all policies, certificates, or contracts issued, delivered, issued for delivery, or renewed in this state on or after 7/1/2024.Added by 2022 Ga. Laws 773,§ 1, eff. 7/1/2022, app. to all policies or contracts issued, delivered, issued for delivery, or renewed in this state on or after 7/1/2022.