KRS 304.18-082: Delivery of communications relating to insurance policy, certificate,

plan, or contract by electronic means -- Employer consent -- Compliance

requirements.

(1) As used in this section:

(a) "Communications" includes health insurance identif ication cards and other

documents;

(b) "Covered person" means an individual that:

1. Is an employer -sponsored group member or a dependent of an

employer-sponsored group member; and

2. Receives health benefits under an employer -sponsored group health

insurance policy, certificate, plan, or contract;

(c) "Dependent of an employer -sponsored group member" or "dependents of an

employer-sponsored group member" means an individual or individuals that

are entitled to receive health benefits under an employer -sponsored group

health insurance policy, certificate, plan, or contract solely due to a

relationship to an employer-sponsored group member;

(d) "Employer" does not include a federal, state, or local government, including a:

1. Federal, state, or local government entity, agency, or instrumentality;

and

2. Public school district or public institution of education;

(e) "Employer-sponsored group health insurance policy, certificate, plan, or

contract" includes limited -scope dental or vision benefits offered by an

employer under a separate insurance policy, certificate, plan, or contract;

(f) "Employer-sponsored group memb er" means an individual that is entitled to

receive health benefits under an employer -sponsored group health insurance

policy, certificate, plan, or contract as a member of the insured group; and

(g) "Insurer" has the same meaning as in KRS 304.17A -005, except for purposes

of this section, the term does not include a self -insurer of a governmental

plan.

(2) Notwithstanding any other law, an insurer may deliver all communications relating

to an employer -sponsored group health insurance policy, certificate, p lan, or

contract to a covered person by electronic means if:

(a) The employer consents to electronic delivery of communications on behalf of

the covered person; and

(b) The insurer complies with subsection (4) of this section.

(3) An employer may consent t o the electronic delivery of communications under

subsection (2) of this section if the employer confirms the following for the covered

person:

(a) The covered person is:

1. An employer -sponsored group member that routinely uses electronic

communications during the normal course of employment or otherwise;

or

2. A dependent of an employer -sponsored group member referenced in

subparagraph 1. of this paragraph; and

(b) Either:

1. If the covered person is an employer -sponsored group member, the

covered person:

a. Was given an opportunity to opt out of delivery to the employer -

sponsored group member and dependents of the employer -

sponsored group member by electronic means; and

b. Will be given an opportunity to opt out of delivery to the

employer-sponsored group member and dependents of the

employer-sponsored group member by electronic means on an

annual basis; or

2. If the covered person is not an employer -sponsored group member, the

covered person is a dependent of an employer -sponsored group member

referenced in subparagraph 1. of this paragraph.

(4) Insurers that provide electronic delivery of communications under this section shall:

(a) Comply with the:

1. Federal Electronic Signatures in Global and National Commerce Act, 15

U.S.C. sec. 7001 et seq.; and

2. Uniform Electronic Transactions Act, KRS 369.101 to 369.120;

(b) Not take adverse action against a covered person because the person opts out,

or is opted out, of electronic delivery of communications under this section;

and

(c) Document compliance with this section.