A Bill for an Act
Page 1, Line 101Concerning electronic communications in health care.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
Subject to specific requirements, the bill allows a notice to a party or other document required by law in an insurance transaction or that is to serve as evidence of health insurance coverage to be delivered, stored, and presented by electronic means if the electronic means meet the requirements of the "Uniform Electronic Transactions Act". The delivery of a notice or document by electronic means is considered the equivalent to and has the same effect as any other delivery method required by law. The bill requires health insurance carriers to deliver paper communications to individuals that may not have consistent access to the internet and to any individuals that may elect to receive paper communications upon request.
An insurance producer is not subject to civil liability for any harm or injury that occurs because of a party's election to receive any notice or document by electronic means or by a carrier's failure to deliver or a party's failure to receive a notice or document by electronic means.
A carrier may mail, deliver, or, if the carrier obtains separate, specific consent, post on the carrier's website a health coverage plan and an endorsement that does not contain personal identifying information. If the carrier elects to post a health coverage plan and an endorsement on the carrier's website in lieu of mailing or delivering the health coverage plan and endorsement, the carrier shall comply with certain conditions.
The commissioner of insurance is required to adopt rules to implement the bill.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, add 10-16-170 as follows:
Page 2, Line 310-16-170. Delivery of notices and documents by electronic
Page 2, Line 4means - definitions - consent required - withdrawal of consent -
Page 2, Line 5employers - immunity from liability - posting of plans and
Page 2, Line 6endorsements on carrier website - applicability - rules. (1) As used in this section, unless the context otherwise requires:
Page 2, Line 7(a) "Delivered by electronic means" means:
Page 2, Line 8(I) Delivery to an electronic mail address at which a party has consented to receive notices or documents; or
Page 2, Line 9(II) Posting on an electronic network or site accessible
Page 2, Line 10via the internet, a mobile application, a computer, a mobile
Page 2, Line 11device, a tablet, or any other electronic device, together with
Page 2, Line 12separate notice of the posting provided by electronic mail to the
Page 2, Line 13address at which the party has consented to receive notice or by
Page 2, Line 14any other delivery method that has been consented to by the
Page 3, Line 1party. The separate notice of the posting must contain the
Page 3, Line 2internet address at which the documents are posted, and
Page 3, Line 3delivery is effective upon the posting or the actual delivery of the separate notice of the posting, whichever occurs later.
Page 3, Line 4(b) "Party" means a recipient of a notice or document
Page 3, Line 5required as part of an insurance transaction, including an
Page 3, Line 6applicant for health insurance coverage, a covered person, a policyholder, or an annuity contract holder.
Page 3, Line 7(2) (a) Notwithstanding any provision of this article 16 to
Page 3, Line 8the contrary, subject to the requirements of this section, a
Page 3, Line 9notice to a party or other document required by law in an
Page 3, Line 10insurance transaction or that is to serve as evidence of health
Page 3, Line 11insurance coverage may be delivered, stored, and presented by
Page 3, Line 12electronic means if the electronic means meet the requirements
Page 3, Line 13of the "Uniform Electronic Transactions Act", article 71.3 of title 24.
Page 3, Line 14(b) The delivery of a notice or document in accordance
Page 3, Line 15with this section is considered the equivalent to and has the
Page 3, Line 16same effect as any delivery method required by law, including
Page 3, Line 17delivery by first-class mail, first-class mail with postage
Page 3, Line 18prepaid, certified mail, certificate of mail, or certificate of mailing.
Page 3, Line 19(3) A notice or document may be delivered by electronic means by a carrier to a party pursuant to this section if:
Page 3, Line 20(a) The party has affirmatively consented electronically,
Page 3, Line 21or confirmed consent electronically, in a manner that
Page 3, Line 22reasonably demonstrates that the party can access information
Page 4, Line 1in the electronic form that will be used for notices or
Page 4, Line 2documents delivered by electronic means to which the party has
Page 4, Line 3given consent, and the party has not withdrawn the consent; and
Page 4, Line 4(b) Before the party consents, the carrier provides the party a clear and conspicuous statement informing the party of:
Page 4, Line 5(I) The hardware and software requirements for access
Page 4, Line 6to and retention of a notice or document delivered by electronic means;
Page 4, Line 7(II) The types of notices and documents to which the party's consent applies;
Page 4, Line 8(III) The right of the party to withdraw consent at any
Page 4, Line 9time, at no charge, and any conditions or consequences to be imposed in the event consent is withdrawn;
Page 4, Line 10(IV) The procedures a party must follow to withdraw
Page 4, Line 11consent, which procedures must be no more burdensome than the
Page 4, Line 12procedures required to provide consent, to have a notice or
Page 4, Line 13document delivered by electronic means, or to update the party's electronic mail address; and
Page 4, Line 14(V) The party's right to have any notice or document delivered in paper form upon request.
Page 4, Line 15(4) (a) Notwithstanding subsection (3) of this section, an
Page 4, Line 16employer offering a health coverage plan may, on behalf of a
Page 4, Line 17covered person enrolled in the plan, provide consent to the
Page 4, Line 18mailing of all communications related to the plan by electronic
Page 4, Line 19means if, before consenting on behalf of a covered person, an
Page 4, Line 20employer has:
Page 5, Line 1(I) Confirmed that the covered person routinely uses
Page 5, Line 2electronic communications during the normal course of
Page 5, Line 3employment and is able to access and retain electronic communications that may be delivered by the carrier; and
Page 5, Line 4(II) Informed the covered person that the consent will be
Page 5, Line 5provided and notices and documents related to the plan may be
Page 5, Line 6delivered to the covered person's work electronic mail address
Page 5, Line 7unless the covered person affirmatively opts out of delivery by
Page 5, Line 8electronic means or provides an alternative electronic mail address.
Page 5, Line 9(b) The carrier for the health coverage plan shall:
Page 5, Line 10(I) Provide the covered person with a clear and conspicuous statement informing the covered person of:
Page 5, Line 11(A) The types of notices and documents that may be delivered to the covered person by electronic means;
Page 5, Line 12(B) The right of the covered person to withdraw consent
Page 5, Line 13to have a notice or document delivered by electronic means at any time without charge;
Page 5, Line 14(C) The procedures the covered person must follow to
Page 5, Line 15withdraw consent to have a notice or document delivered by
Page 5, Line 16electronic means and to update the covered person's electronic mail address; and
Page 5, Line 17(D) The right of the covered person to have any notice or
Page 5, Line 18document delivered, upon request, in paper form free of charge; and
Page 5, Line 19(II) Provide the covered person an opportunity to opt out
Page 5, Line 20of delivery by electronic means.
Page 6, Line 1(5) A carrier that receives a party's consent for the
Page 6, Line 2delivery of notices or documents by electronic means shall
Page 6, Line 3ensure that the applicable provisions of the conditions under
Page 6, Line 4the "Uniform Electronic Transactions Act", article 71.3 of title 24, are satisfied, as required by subsection (2)(a) of this section.
Page 6, Line 5(6) (a) When a notice or document is provided
Page 6, Line 6electronically to a party pursuant to this section, a carrier
Page 6, Line 7shall apprise the party of the significance of the notice or
Page 6, Line 8document, when it is not otherwise reasonably evident, and of
Page 6, Line 9the right to request and obtain a paper version of the notice or document.
Page 6, Line 10(b) A carrier shall take all reasonable measures to
Page 6, Line 11ensure that delivery by electronic means pursuant to this section results in the party's receipt of the notice or document.
Page 6, Line 12(7) After a party gives consent for the delivery of notices
Page 6, Line 13and documents by electronic means, if a change in the hardware
Page 6, Line 14or software requirements needed to access or retain a notice or
Page 6, Line 15document creates a material risk that the party will not be
Page 6, Line 16able to access or retain a notice or document to which the
Page 6, Line 17consent applies, the carrier shall not deliver the notice or
Page 6, Line 18document by electronic means unless the carrier complies with
Page 6, Line 19subsection (3) of this section and provides the party a statement that describes:
Page 6, Line 20(a) The revised hardware and software requirements for
Page 6, Line 21access to and retention of a notice or document delivered by electronic means; and
Page 6, Line 22(b) The right of the party to withdraw consent without
Page 7, Line 1the imposition of any condition or consequence that was not disclosed at the time of initial consent.
Page 7, Line 2(8) (a) This section does not affect requirements related
Page 7, Line 3to the content or timing of any notice or document required by any other applicable law.
Page 7, Line 4(b) If another applicable law expressly requires a
Page 7, Line 5confirmation of receipt of a notice or document, the notice or
Page 7, Line 6document may be delivered by electronic means only if the
Page 7, Line 7method used provides for active confirmation of receipt by the recipient.
Page 7, Line 8(c) This section does not apply to a notice or document
Page 7, Line 9that a carrier delivered by electronic means before the
Page 7, Line 10effective date of this section to a party who, before that date,
Page 7, Line 11consented to receive the notice or document by electronic means as otherwise allowed by law.
Page 7, Line 12(d) The legal effectiveness, validity, or enforceability of
Page 7, Line 13any contract or policy of insurance executed by a party shall
Page 7, Line 14not be denied solely because of the failure of the carrier to
Page 7, Line 15obtain or confirm the party's consent for the delivery of notices
Page 7, Line 16or documents by electronic means so long as the notice or document is delivered in paper form.
Page 7, Line 17(9) (a) A party's withdrawal of consent does not affect
Page 7, Line 18the legal effectiveness, validity, or enforceability of a notice
Page 7, Line 19or document that is delivered by electronic means to the party before the party's withdrawal of consent is effective.
Page 7, Line 20(b) A withdrawal of consent by a party shall be effective
Page 7, Line 21within a reasonable period of time after receipt of the withdrawal by the carrier.
Page 8, Line 1(c) A carrier's failure to comply with subsection (3) or (4)
Page 8, Line 2of this section may be treated, at the election of a party, as a withdrawal of the party's consent for purposes of this section.
Page 8, Line 3(10) If the consent of a party to receive notices or
Page 8, Line 4documents by electronic means is on file with a carrier before
Page 8, Line 5the effective date of this section, and a carrier intends to
Page 8, Line 6deliver additional notices or documents to the party by
Page 8, Line 7electronic means pursuant to this section, then prior to
Page 8, Line 8delivering the additional notices or documents by electronic
Page 8, Line 9means, the carrier shall comply with subsection (2) of this section and shall provide the party a statement that describes:
Page 8, Line 10(a) The notices or documents to be delivered by electronic
Page 8, Line 11means that were not previously delivered by electronic means; and
Page 8, Line 12(b) The party's right to withdraw consent to have notices
Page 8, Line 13or documents delivered by electronic means, without the
Page 8, Line 14imposition of any condition or consequence that was not disclosed at the time of initial consent.
Page 8, Line 15(11) (a) A carrier shall deliver a notice or document by
Page 8, Line 16any other delivery method permitted by law other than by electronic means if:
Page 8, Line 17(I) The carrier attempts to deliver the notice or document
Page 8, Line 18by electronic means and reasonably believes that the notice or document has not been received by the party; or
Page 8, Line 19(II) The carrier becomes aware that the electronic mail
Page 8, Line 20address provided by the party is no longer valid.
Page 9, Line 1(b) A party's consent to have notices or documents
Page 9, Line 2delivered by electronic means does not preclude the carrier
Page 9, Line 3from delivering a notice or document by any other delivery method permitted by law.
Page 9, Line 4(12) An insurance producer licensed pursuant to part 4 of
Page 9, Line 5article 2 of this title 10 is not subject to civil liability for any
Page 9, Line 6harm or injury that occurs because of a party's election to
Page 9, Line 7receive any notice or document by electronic means or by a
Page 9, Line 8carrier's failure to deliver or a party's failure to receive a notice or document by electronic means.
Page 9, Line 9(13) (a) A health coverage plan and an endorsement that
Page 9, Line 10does not contain personal identifying information may be
Page 9, Line 11mailed, delivered, or, if the carrier obtains separate, specific
Page 9, Line 12consent, posted on the carrier's website. If the carrier elects to
Page 9, Line 13post a covered person's health coverage plan and an
Page 9, Line 14endorsement on the carrier's website in lieu of mailing or
Page 9, Line 15delivering the health coverage plan and endorsement to the
Page 9, Line 16covered person, the carrier shall comply with the following conditions:
Page 9, Line 17(I) The health coverage plan and endorsement must be
Page 9, Line 18accessible to the covered person and producer of record and remain accessible while the health coverage plan is in force;
Page 9, Line 19(II) After the expiration of the health coverage plan, the carrier shall either:
Page 9, Line 20(A) Make the expired health coverage plan and
Page 9, Line 21endorsement available upon request, for a period of five years;
Page 9, Line 22or
Page 10, Line 1(B) If the carrier continues to make the expired health
Page 10, Line 2coverage plan or endorsement available on its website, continue
Page 10, Line 3to allow the covered person to access the health coverage plan and endorsement for at least five years;
Page 10, Line 4(III) The carrier shall post the health coverage plan and
Page 10, Line 5endorsement in a manner that enables the covered person and
Page 10, Line 6producer of record to print and save the health coverage plan
Page 10, Line 7and endorsement using a program or application that is widely available on the internet and free to use;
Page 10, Line 8(IV) The carrier shall provide the following information
Page 10, Line 9in, or simultaneous with, each declaration page provided at the
Page 10, Line 10time of issuance of the initial health coverage plan and any renewals of the health coverage plan:
Page 10, Line 11(A) A description of the exact health coverage plan and endorsement form applicable to the covered person;
Page 10, Line 12(B) A description of the covered person's right to receive,
Page 10, Line 13upon request and without charge, an electronic and a paper copy of the health coverage plan and endorsement; and
Page 10, Line 14(C) The internet address at which the health coverage plan and endorsement are posted;
Page 10, Line 15(V) The carrier, upon a covered person's request and
Page 10, Line 16without charge following receipt of the initial copy, shall mail
Page 10, Line 17a paper copy of the health coverage plan and endorsement to
Page 10, Line 18the covered person; except that the carrier may charge a fee for subsequent mailings of paper copies; and
Page 10, Line 19(VI) The carrier shall provide notice, either
Page 10, Line 20electronically or in writing at the covered person's option, of:
(A) Any change to the forms or endorsement;
Page 11, Line 1(B) The covered person's right to obtain, upon request and
Page 11, Line 2once without charge following receipt of the initial copy, a paper copy of the forms or endorsement; and
Page 11, Line 3(C) The internet address at which the forms or endorsement is posted.
Page 11, Line 4(b) This subsection (13) does not affect the timing or
Page 11, Line 5content of any disclosure or document required to be provided or made available to any covered person under applicable law.
Page 11, Line 6(14) On or before January 1, 2026, the commissioner shall
Page 11, Line 7adopt rules to implement this section, including rules that require each carrier that provides a health coverage plan to:
Page 11, Line 8(a) Issue a standardized written or electronic card
Page 11, Line 9containing necessary plan information to each covered person; and
Page 11, Line 10(b) Issue a written version of the card containing the
Page 11, Line 11required information to a covered person upon the covered person's request.
Page 11, Line 12SECTION 2. Act subject to petition - effective date -
Page 11, Line 13applicability. (1) This act takes effect January 1, 2026; except that, if a
Page 11, Line 14referendum petition is filed pursuant to section 1 (3) of article V of the
Page 11, Line 15state constitution against this act or an item, section, or part of this act
Page 11, Line 16within the ninety-day period after final adjournment of the general
Page 11, Line 17assembly, then the act, item, section, or part will not take effect unless
Page 11, Line 18approved by the people at the general election to be held in November
Page 11, Line 192026 and, in such case, will take effect January 1, 2026, or on the date of
Page 11, Line 20the official declaration of the vote thereon by the governor, whichever is later.
Page 12, Line 1(2) This act applies to conduct occurring on or after the applicable effective date of this act.