Bill Summary – FastDemocracy

   
      87(R) SB 2124 - Enrolled version - Bill Text
      
            S.B.  No.  2124
         
               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.
         
            ______________________________
            ______________________________
         
                  President of the Senate
            Speaker of the House          
         
                          I hereby certify that S.B.  No.  2124 passed the Senate on 
         
            April 29, 2021, by the following vote:    Yeas  30, Nays  1;                       
         
            May 27, 2021, Senate refused to concur in House amendments and 
         
            requested appointment of Conference Committee; May 28, 2021, House 
         
            granted request of the Senate; May 30, 2021, Senate adopted 
         
            Conference Committee Report by the following vote:    Yeas  30, 
         
            Nays  1.
         
            ______________________________
         
            Secretary of the Senate        
         
                          I hereby certify that S.B.  No.  2124 passed the House, with 
         
            amendments, on May 24, 2021, by the following vote:    Yeas  146, 
         
            Nays  0, one present not voting; May 28, 2021, House granted request 
         
            of the Senate for appointment of Conference Committee;                               
         
            May 30, 2021, House adopted Conference Committee Report by the 
         
            following vote:    Yeas  141, Nays  0, one present not voting.
         
            ______________________________
         
            Chief Clerk of the House      
         
            Approved:
         
            ______________________________  
         
                                  Date
         
            ______________________________  
         
                                Governor
         
Statutes affected: 
Introduced: 35.001 Insurance Code
Senate Committee Report: 35.001 Insurance Code
Engrossed: 35.001 Insurance Code
House Committee Report: 35.001 Insurance Code
Conference Committee Report*: 35.001 Insurance Code
Enrolled: 35.001 Insurance Code




	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.






	______________________________	______________________________
	President of the Senate	Speaker of the House

	I hereby certify that S.B. No. 2124 passed the Senate on
	April 29, 2021, by the following vote: Yeas 30, Nays 1;
	May 27, 2021, Senate refused to concur in House amendments and
	requested appointment of Conference Committee; May 28, 2021, House
	granted request of the Senate; May 30, 2021, Senate adopted
	Conference Committee Report by the following vote: Yeas 30,
	Nays 1.


	______________________________
	Secretary of the Senate

	I hereby certify that S.B. No. 2124 passed the House, with
	amendments, on May 24, 2021, by the following vote: Yeas 146,
	Nays 0, one present not voting; May 28, 2021, House granted request
	of the Senate for appointment of Conference Committee;
	May 30, 2021, House adopted Conference Committee Report by the
	following vote: Yeas 141, Nays 0, one present not voting.


	______________________________
	Chief Clerk of the House



	Approved:

	______________________________
	Date


	______________________________
	Governor