Senate Bill 25-010 Reengrossed

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, 10-16-135, amend

• Page 2, Line 3(1)(a) introductory portion, (1)(b),and(1)(c); and add(1)(d) and (1)(e)as follows:

• Page 2, Line 410-16-135.  Health coverage plan information cards - rules -

• Page 2, Line 5standardization - contents. (1) (a)  The commissioner shall adopt rules

• Page 2, Line 6requiring every carrier providing a health benefit plan to issue to covered

• Page 2, Line 7persons to whom a health benefit plan identification card is issued a

• Page 2, Line 8standardized,printed orelectronic card containing plan information.

• Page 2, Line 9To the extent possible, the rules shall incorporate and not conflict with the

• Page 2, Line 10requirements of section 10-16-124 regarding prescription information

• Page 2, Line 11cards. The commissioner shall adopt initial rules by October 31, 2008,

• Page 2, Line 12that describe the format of a standardized, printed card to be issued by

• Page 2, Line 13carriers to persons covered under a health benefit plan to whom health

• Page 2, Line 14benefit plan identification cards are issued. The rules establishing the

• Page 2, Line 15format for the printed or electronic card shall include a standard size,

• Page 2, Line 16shall require the card to be legible and photocopied, and shall delineate

• Page 3, Line 1the information to be contained on the card, including but not limited to the following information, as applicable:

• Page 3, Line 2(b)  The rules adopted pursuant to paragraph (a) of this subsection

• Page 3, Line 3(1) shall require all carriers to A carrier shall issue a standardized,

• Page 3, Line 4printedor electronic card to a covered person to whom a health benefit

• Page 3, Line 5plan identification card is issued upon the purchase or renewal of or

• Page 3, Line 6enrollment in a plan. on or after July 1, 2009. No later than July 1, 2010,

• Page 3, Line 7all carriers shall issue the standardized, printed card to covered persons to whom health benefit plan identification cards are issued.

• Page 3, Line 8(c)  Nothing in this section shall preclude a carrier from including

• Page 3, Line 9information on the standardized,printedor electronic cards that is in

• Page 3, Line 10addition to the information required to be included on the card pursuant to rules adopted pursuant to this section.

• Page 3, Line 11(d)  A carrier shall provide a printed card to a covered person upon request.

• Page 3, Line 12(e)  The commissioner may adopt rules to implement this section.

• Page 3, Line 13SECTION 2.  In Colorado Revised Statutes, add 10-16-170 as follows:

• Page 3, Line 1410-16-170.  Delivery of notices and documents by electronic

• Page 3, Line 15means - definitions - consent required - withdrawal of consent -

• Page 3, Line 16employers - immunity from liability - posting of plans and

• Page 3, Line 17endorsements on carrier website - applicability - rules. (1)  As used in this section, unless the context otherwise requires:

• Page 3, Line 18(a)  "Delivered by electronic means" means:

• Page 3, Line 19(I)  Delivery to an electronic mail address at which a

• Page 3, Line 20party has consented to receive notices or documents; or

• Page 4, Line 1(II)  Posting on an electronic network, site, or consumer

• Page 4, Line 2portal accessible via the internet, a mobile application, a

• Page 4, Line 3computer, a mobile device, a tablet, or any other electronic

• Page 4, Line 4device, together with separate notice of the posting provided by

• Page 4, Line 5electronic mail to the address at which the party has consented

• Page 4, Line 6to receive notice or by any other delivery method that has been

• Page 4, Line 7consented to by the party. The separate notice of the posting

• Page 4, Line 8must contain the internet address at which the documents are

• Page 4, Line 9posted, and delivery is effective upon the posting or the actual

• Page 4, Line 10delivery of the separate notice of the posting, whichever occurs later.

• Page 4, Line 11(b)  "Party" means a recipient of a notice or document

• Page 4, Line 12required as part of an insurance transaction, including an

• Page 4, Line 13applicant for health insurance coverage, a covered person, a policyholder, or an annuity contract holder.

• Page 4, Line 14(2) (a)  Notwithstanding any provision of this article 16 to

• Page 4, Line 15the contrary, subject to the requirements of this section, a

• Page 4, Line 16notice to or from a party or other document required by law in

• Page 4, Line 17an insurance transaction that is related to a provision in a

• Page 4, Line 18health insurance contract or that is to serve as evidence of

• Page 4, Line 19health insurance coverage may be delivered by a carrier or to

• Page 4, Line 20a carrier, stored, and presented by electronic means if the

• Page 4, Line 21electronic means meet the requirements of the "Uniform Electronic Transactions Act", article 71.3 of title 24.

• Page 4, Line 22(b)  The delivery of a notice or document in accordance

• Page 4, Line 23with this section is considered the equivalent to and has the

• Page 4, Line 24same effect as any delivery method required by law, including

• Page 5, Line 1delivery by first-class mail, first-class mail with postage

• Page 5, Line 2prepaid, certified mail, certificate of mail, or certificate of mailing.

• Page 5, Line 3(c)  A carrier shall establish a consumer portal or other

• Page 5, Line 4accessible means for policyholders to submit requests, notices,

• Page 5, Line 5or responses to the carrier by electronic means, including the

• Page 5, Line 6ability to confirm that the communication by electronic means has been received by the carrier.

• Page 5, Line 7(d)  A carrier shall not require policyholders to submit

• Page 5, Line 8requests, notices, or responses by facsimile ornonelectronic

• Page 5, Line 9means, unless the consumer chooses submission by facsimile or nonelectronic means.

• Page 5, Line 10(3)  A notice or document may be delivered by electronic means by a carrier to a party pursuant to this section if:

• Page 5, Line 11(a)  The party has affirmatively consented electronically,

• Page 5, Line 12or confirmed consent electronically, in a manner that

• Page 5, Line 13reasonably demonstrates that the party can access information

• Page 5, Line 14in the electronic form that will be used for notices or

• Page 5, Line 15documents delivered by electronic means to which the party has

• Page 5, Line 16given consent, and the party has not withdrawn the consent; and

• Page 5, Line 17(b)  Before the party consents, the carrier provides the party a clear and conspicuous statement informing the party of:

• Page 5, Line 18(I)  The hardware and software requirements for access

• Page 5, Line 19to and retention of a notice or document delivered by electronic means;

• Page 5, Line 20(II)  The types of notices and documents to which the party's consent applies;

• Page 6, Line 1(III)  The right of the party to withdraw consent at any

• Page 6, Line 2time, at no charge, and any conditions or consequences to be imposed in the event consent is withdrawn;

• Page 6, Line 3(IV)  The procedures a party must follow to withdraw

• Page 6, Line 4consent, which procedures must be no more burdensome than the

• Page 6, Line 5procedures required to provide consent, to have a notice or

• Page 6, Line 6document delivered by electronic means, or to update the party's electronic mail address; and

• Page 6, Line 7(V)  The party's right to have any notice or document delivered in paper form upon request.

• Page 6, Line 8(4) (a)  Notwithstanding subsection (3) of this section, an

• Page 6, Line 9employer offering a health coverage plan may, on behalf of a

• Page 6, Line 10covered person enrolled in the plan, provide consent to the

• Page 6, Line 11mailing of all communications related to the plan by electronic

• Page 6, Line 12means if, before consenting on behalf of a covered person, an employer has:

• Page 6, Line 13(I)  Confirmed that the covered person routinely uses

• Page 6, Line 14electronic communications during the normal course of

• Page 6, Line 15employment and is able to access and retain electronic communications that may be delivered by the carrier; and

• Page 6, Line 16(II)  Informed the covered person that the consent will be

• Page 6, Line 17provided and notices and documents related to the plan may be

• Page 6, Line 18delivered to the covered person's work electronic mail address

• Page 6, Line 19unless the covered person affirmatively opts out of delivery by

• Page 6, Line 20electronic means or provides an alternative electronic mail

• Page 6, Line 21address.

• (b)  The carrier for the health coverage plan shall:

• Page 7, Line 1(I)  Provide the covered person with a clear and conspicuous statement informing the covered person of:

• Page 7, Line 2(A)  The types of notices and documents that may be delivered to the covered person by electronic means;

• Page 7, Line 3(B)  The right of the covered person to withdraw consent

• Page 7, Line 4to have a notice or document delivered by electronic means at any time without charge;

• Page 7, Line 5(C)  The procedures the covered person must follow to

• Page 7, Line 6withdraw consent to have a notice or document delivered by

• Page 7, Line 7electronic means and to update the covered person's electronic mail address;

• Page 7, Line 8(D)  The right of the covered person to have any notice or

• Page 7, Line 9document delivered, upon request, in paper form free of charge; and

• Page 7, Line 10(E)  The right of the covered person to submit requests,

• Page 7, Line 11notices, or responses through electronic means or through a consumer portal; and

• Page 7, Line 12(II)  Provide the covered person an opportunity to opt out of delivery by electronic means.

• Page 7, Line 13(5)  A carrier that receives a party's consent for the

• Page 7, Line 14delivery of notices or documents by electronic means shall

• Page 7, Line 15ensure that the applicable provisions of the conditions under

• Page 7, Line 16the "Uniform Electronic Transactions Act", article 71.3 of title 24, are satisfied, as required by subsection (2)(a) of this section.

• Page 7, Line 17(6) (a)  When a notice or document is provided

• Page 7, Line 18electronically to a party pursuant to this section, a carrier

• Page 8, Line 1shall apprise the party of the significance of the notice or

• Page 8, Line 2document, when it is not otherwise reasonably evident, and of

• Page 8, Line 3the right to request and obtain a paper version of the notice or document.

• Page 8, Line 4(b)  A carrier shall take all reasonable measures to

• Page 8, Line 5ensure that delivery by electronic means pursuant to this section results in the party's receipt of the notice or document.

• Page 8, Line 6(7)  After a party gives consent for the delivery of notices

• Page 8, Line 7and documents by electronic means, if a change in the hardware

• Page 8, Line 8or software requirements needed to access or retain a notice or

• Page 8, Line 9document creates a material risk that the party will not be

• Page 8, Line 10able to access or retain a notice or document to which the

• Page 8, Line 11consent applies, the carrier shall not deliver the notice or

• Page 8, Line 12document by electronic means unless the carrier complies with

• Page 8, Line 13subsection (3) of this section and provides the party a statement that describes:

• Page 8, Line 14(a)  The revised hardware and software requirements for

• Page 8, Line 15access to and retention of a notice or document delivered by electronic means; and

• Page 8, Line 16(b)  The right of the party to withdraw consent without

• Page 8, Line 17the imposition of any condition or consequence that was not disclosed at the time of initial consent.

• Page 8, Line 18(8) (a)  This section does not affect requirements related

• Page 8, Line 19to the content or timing of any notice or document required by any other applicable law.

• Page 8, Line 20(b)  If another applicable law expressly requires a

• Page 8, Line 21confirmation of receipt of a notice or document, the notice or

• Page 9, Line 1document may be delivered by electronic means only if the

• Page 9, Line 2method used provides for active confirmation of receipt by the recipient.

• Page 9, Line 3(c)  This section does not apply to a notice or document

• Page 9, Line 4that a carrier delivered by electronic means before the

• Page 9, Line 5effective date of this section to a party who, before that date,

• Page 9, Line 6consented to receive the notice or document by electronic means as otherwise allowed by law.

• Page 9, Line 7(d)  The legal effectiveness, validity, or enforceability of

• Page 9, Line 8any contract or policy of insurance executed by a party shall

• Page 9, Line 9not be denied solely because of the failure of the carrier to

• Page 9, Line 10obtain or confirm the party's consent for the delivery of notices

• Page 9, Line 11or documents by electronic means so long as the notice or document is delivered in paper form.

• Page 9, Line 12(9) (a)  A party's withdrawal of consent does not affect

• Page 9, Line 13the legal effectiveness, validity, or enforceability of a notice

• Page 9, Line 14or document that is delivered by electronic means to the party before the party's withdrawal of consent is effective.

• Page 9, Line 15(b)  A withdrawal of consent by a party shall be effective

• Page 9, Line 16within a reasonable period of time after receipt of the withdrawal by the carrier.

• Page 9, Line 17(c)  A carrier's failure to comply with subsection (3) or (4)

• Page 9, Line 18of 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 9, Line 19(10)  If the consent of a party to receive notices or

• Page 9, Line 20documents by electronic means is on file with a carrier before

• Page 9, Line 21the effective date of this section, and a carrier intends to

• Page 10, Line 1deliver additional notices or documents to the party by

• Page 10, Line 2electronic means pursuant to this section, then prior to

• Page 10, Line 3delivering the additional notices or documents by electronic

• Page 10, Line 4means, the carrier shall comply with subsection (2) of this section and shall provide the party a statement that describes:

• Page 10, Line 5(a)  The notices or documents to be delivered by electronic

• Page 10, Line 6means that were not previously delivered by electronic means; and

• Page 10, Line 7(b)  The party's right to withdraw consent to have notices

• Page 10, Line 8or documents delivered by electronic means, without the

• Page 10, Line 9imposition of any condition or consequence that was not disclosed at the time of initial consent.

• Page 10, Line 10(11) (a)  A carrier shall deliver a notice or document by

• Page 10, Line 11any other delivery method permitted by law other than by electronic means if:

• Page 10, Line 12(I)  The carrier attempts to deliver the notice or document

• Page 10, Line 13by electronic means and reasonably believes that the notice or document has not been received by the party; or

• Page 10, Line 14(II)  The carrier becomes aware that the electronic mail address provided by the party is no longer valid.

• Page 10, Line 15(b)  A party's consent to have notices or documents

• Page 10, Line 16delivered by electronic means does not preclude the carrier

• Page 10, Line 17from delivering a notice or document by any other delivery method permitted by law.

• Page 10, Line 18(12)  An insurance producer licensed pursuant to part 4 of

• Page 10, Line 19article 2 of this title 10 is not subject to civil liability for any

• Page 10, Line 20harm or injury that occurs because of a party's election to

• Page 11, Line 1receive any notice or document by electronic means or by a

• Page 11, Line 2carrier's failure to deliver or a party's failure to receive a notice or document by electronic means.

• Page 11, Line 3(13) (a)  A health coverage plan and an endorsement that

• Page 11, Line 4does not contain personal identifying information may be

• Page 11, Line 5mailed, delivered, or, if the carrier obtains separate, specific

• Page 11, Line 6consent, posted on the carrier's website. If the carrier elects to

• Page 11, Line 7post a covered person's health coverage plan and an

• Page 11, Line 8endorsement on the carrier's website in lieu of mailing or

• Page 11, Line 9delivering the health coverage plan and endorsement to the

• Page 11, Line 10covered person, the carrier shall comply with the following conditions:

• Page 11, Line 11(I)  The health coverage plan and endorsement must be

• Page 11, Line 12accessible to the covered person and producer of record and remain accessible while the health coverage plan is in force;

• Page 11, Line 13(II)  After the expiration of the health coverage plan, the carrier shall either:

• Page 11, Line 14(A)  Make the expired health coverage plan and

• Page 11, Line 15endorsement available upon request, for a period of five years; or

• Page 11, Line 16(B)  If the carrier continues to make the expired health

• Page 11, Line 17coverage plan or endorsement available on its website, continue

• Page 11, Line 18to allow the covered person to access the health coverage plan and endorsement for at least five years;

• Page 11, Line 19(III)  The carrier shall post the health coverage plan and

• Page 11, Line 20endorsement in a manner that enables the covered person and

• Page 11, Line 21producer of record to print and save the health coverage plan

• Page 12, Line 1and endorsement using a program or application that is widely available on the internet and free to use;

• Page 12, Line 2(IV)  The carrier shall provide the following information

• Page 12, Line 3in, or simultaneous with, each declaration page provided at the

• Page 12, Line 4time of issuance of the initial health coverage plan and any renewals of the health coverage plan:

• Page 12, Line 5(A)  A description of the exact health coverage plan and endorsement form applicable to the covered person;

• Page 12, Line 6(B)  A description of the covered person's right to receive,

• Page 12, Line 7upon request and without charge, an electronic and a paper copy of the health coverage plan and endorsement; and

• Page 12, Line 8(C)  The internet address at which the health coverage plan and endorsement are posted;

• Page 12, Line 9(V)  The carrier, upon a covered person's request and

• Page 12, Line 10without charge following receipt of the initial copy, shall mail

• Page 12, Line 11a paper copy of the health coverage plan and endorsement to

• Page 12, Line 12the covered person; except that the carrier may charge a fee for subsequent mailings of paper copies; and

• Page 12, Line 13(VI)  The carrier shall provide notice, either electronically or in writing at the covered person's option, of:

• Page 12, Line 14(A)  Any change to the forms or endorsement;

• Page 12, Line 15(B)  The covered person's right to obtain, upon request and

• Page 12, Line 16once without charge following receipt of the initial copy, a paper copy of the forms or endorsement; and

• Page 12, Line 17(C)  The internet address at which the forms or endorsement is posted.

• Page 12, Line 18(b)  This subsection (13) does not affect the timing or

• Page 13, Line 1content of any disclosure or document required to be provided or made available to any covered person under applicable law.

• Page 13, Line 2(14)  The commissioner may adopt rules to implement this section.

• Page 13, Line 3SECTION 3.  Act subject to petition - effective date -

• Page 13, Line 4applicability. (1)  This act takes effect January 1, 2026; except that, if a

• Page 13, Line 5referendum petition is filed pursuant to section 1 (3) of article V of the

• Page 13, Line 6state constitution against this act or an item, section, or part of this act

• Page 13, Line 7within the ninety-day period after final adjournment of the general

• Page 13, Line 8assembly, then the act, item, section, or part will not take effect unless

• Page 13, Line 9approved by the people at the general election to be held in November

• Page 13, Line 102026 and, in such case, will take effect January 1, 2026, or on the date of

• Page 13, Line 11the official declaration of the vote thereon by the governor, whichever is later.

• Page 13, Line 12(2)  This act applies to conduct occurring on or after the applicable effective date of this act.