{"data":{"id":"us-ky/krs-304.18-082","jurisdiction":"us-ky","citation":"KRS 304.18-082","heading":"Delivery of communications relating to insurance policy, certificate,","body":"plan, or contract by electronic means -- Employer consent -- Compliance\nrequirements.\n(1) As used in this section:\n(a) \"Communications\" includes health insurance identif ication cards and other\ndocuments;\n(b) \"Covered person\" means an individual that:\n1. Is an employer -sponsored group member or a dependent of an\nemployer-sponsored group member; and\n2. Receives health benefits under an employer -sponsored group health\ninsurance policy, certificate, plan, or contract;\n(c) \"Dependent of an employer -sponsored group member\" or \"dependents of an\nemployer-sponsored group member\" means an individual or individuals that\nare entitled to receive health benefits under an employer -sponsored group\nhealth insurance policy, certificate, plan, or contract solely due to a\nrelationship to an employer-sponsored group member;\n(d) \"Employer\" does not include a federal, state, or local government, including a:\n1. Federal, state, or local government  entity, agency, or instrumentality;\nand\n2. Public school district or public institution of education;\n(e) \"Employer-sponsored group health insurance policy, certificate, plan, or\ncontract\" includes limited -scope dental or vision benefits offered by an\nemployer under a separate insurance policy, certificate, plan, or contract;\n(f) \"Employer-sponsored group memb er\" means an individual that is entitled to\nreceive health benefits under an employer -sponsored group health insurance\npolicy, certificate, plan, or contract as a member of the insured group; and\n(g) \"Insurer\" has the same meaning as in KRS 304.17A -005, except for purposes\nof this section, the term does not include a self -insurer of a governmental\nplan.\n(2) Notwithstanding any other law, an insurer may deliver all communications relating\nto an employer -sponsored group health insurance policy, certificate, p lan, or\ncontract to a covered person by electronic means if:\n(a) The employer consents to electronic delivery of communications on behalf of\nthe covered person; and\n(b) The insurer complies with subsection (4) of this section.\n(3) An employer may consent t o the electronic delivery of communications under\nsubsection (2) of this section if the employer confirms the following for the covered\nperson:\n(a) The covered person is:\n1. An employer -sponsored group member that routinely uses electronic\ncommunications during the normal course of employment or otherwise;\nor\n2. A dependent of an employer -sponsored group member referenced in\nsubparagraph 1. of this paragraph; and\n(b) Either:\n1. If the covered person is an employer -sponsored group member, the\ncovered person:\na. Was given an opportunity to opt out of delivery to the employer -\nsponsored group member and dependents of the employer -\nsponsored group member by electronic means; and\nb. Will be given an opportunity to opt out of delivery to the\nemployer-sponsored group  member and dependents of the\nemployer-sponsored group member by electronic means on an\nannual basis; or\n2. If the covered person is not an employer -sponsored group member, the\ncovered person is a dependent of an employer -sponsored group member\nreferenced in subparagraph 1. of this paragraph.\n(4) Insurers that provide electronic delivery of communications under this section shall:\n(a) Comply with the:\n1. Federal Electronic Signatures in Global and National Commerce Act, 15\nU.S.C. sec. 7001 et seq.; and\n2. Uniform Electronic Transactions Act, KRS 369.101 to 369.120;\n(b) Not take adverse action against a covered person because the person opts out,\nor is opted out, of electronic delivery of communications under this section;\nand\n(c) Document compliance with this section.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54788","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:57:49Z","sha256":"17807a51eb7b5d55300953350d2125df2e2e793a8c0e1a24d24b9ece64863839","source_id":"us-ky","stale":false,"prev":"us-ky/krs-304.18-080","next":"us-ky/krs-304.18-085"},"notice":"GroundRules: Original legal text. Not legal advice."}