87(R) HB 2276 - House Committee Report version - Bill Text

	87R7868 MWC-D
	By:  Lucio III	H.B.  No.  2276

	A BILL TO BE ENTITLED
	AN ACT
	relating to the authority of a health benefit plan sponsor to
	consent to electronic delivery of certain communications on behalf
	of a party enrolled in the plan.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION  1.    Section 35.001, Insurance Code, is amended by
	adding Subdivision (4-a) to read as follows:
	(4-a)    "Plan sponsor" means a person, other than a
	regulated entity, who establishes, adopts, or maintains a health
	benefit plan, including a vision or dental 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.
	SECTION  2.    Chapter 35, Insurance Code, is amended by adding
	Section 35.0041 to read as follows:
	Sec.  35.0041.    CONSENT TO ELECTRONIC DELIVERY BY PLAN
	SPONSOR. (a) The plan sponsor of a health benefit plan, including
	a vision or dental benefit plan, may, on behalf of a party enrolled
	in the plan, give the consent required by Section 35.004(c)(1).
	(b)    Before consenting on behalf of a party, a plan sponsor
	must:
	(1)    provide the party with the statements required by
	Sections 35.004(c)(2) and (c)(3)(A);
	(2)    confirm that the party routinely uses electronic
	communications during the normal course of employment; and
	(3)    provide the party an opportunity to opt out of
	delivery by electronic means.
	SECTION  3.    The change in law made by this Act applies only
	to a health benefit plan delivered, issued for delivery, or renewed
	on or after January 1, 2022.
	SECTION  4.    This Act takes effect September 1, 2021.