{"data":{"id":"us-ok/okla.-stat.-tit.-36-36-123","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 36, § 36-123","heading":"Delivery and storage of electronic documents","body":"A. In this section, the following words shall have the\n\nfollowing meanings:\n\n1. “Delivered by electronic means” includes:\n\na. delivery to an electronic mail address at which a\n\nparty has consented to receive notices or documents,\n\nor\n\nb. posting on an electronic network or site accessible\n\nvia the Internet, mobile application, computer, mobile\n\ndevice, tablet or any other electronic device,\n\ntogether with separate notice of the posting which\n\nshall be provided by electronic mail to the address at\n\nwhich the party has consented to receive notice, or by\n\nany other delivery method that has been consented to\n\nby the party;\n\n2. “Health benefit plan” means a health benefit plan as defined\n\npursuant to Section 6060.4 of this title;\n\n3. “Party” means any recipient of any notice or document\n\nrequired as part of an insurance transaction, including but not\n\nlimited to an applicant, an insured, a policyholder, a covered\n\nperson, or an annuity contract holder; and\n\n4. “Plan sponsor” means a person, other than a regulated\n\nentity, who establishes, adopts, or maintains a health benefit plan\n\nthat covers residents of this state, including a plan established,\n\nadopted, or maintained by an employer or jointly by an employer and\n\none or more employee organizations, an association, a committee, a\n\njoint board of trustees, or any similar group of representatives who\n\nestablish, adopt, or maintain a plan.\n\nB. Subject to the requirements of this section, any notice to a\n\nparty or any other document required under applicable law in an\n\ninsurance transaction, or that is to serve as evidence of insurance\n\ncoverage, may be delivered, stored and presented by electronic\n\nmeans, so long as it meets the requirements of the Uniform\n\nElectronic Transactions Act pursuant to Section 15-101 et seq. of\n\nTitle 12A of the Oklahoma Statutes.\n\nC. Delivery of a notice or document in accordance with this\n\nsection shall be considered equivalent to any delivery method\n\nrequired under applicable law, including delivery by first class\n\nmail; first class mail, postage prepaid; certified mail; certificate\n\nof mail; or certificate of mailing.\n\nD. A notice or document may be delivered by electronic means by\n\nan insurer to a party under this section if:\n\n1. The party has affirmatively consented to that method of\n\ndelivery and has not withdrawn the consent; or\n\n2. The party, before giving consent, is provided with a clear\n\nand conspicuous statement informing the party of:\n\na. the right of the party to withdraw consent to have a\n\nnotice or document delivered by electronic means, at\n\nany time, and any conditions or consequences imposed\n\nin the event consent is withdrawn,\n\nb. the types of notices and documents to which the\n\nparty’s consent would apply,\n\nc. the right of a party to have a notice or document\n\ndelivered in paper form, and\n\nd. the procedures a party must follow to withdraw consent\n\nto have a notice or document delivered by electronic\n\nmeans and to update the party’s electronic mail\n\naddress;\n\n3. The party:\n\na. before giving consent, is provided with a statement of\n\nthe hardware and software requirements for access to\n\nand retention of a notice or document delivered by\n\nelectronic means, and\n\nb. consents electronically, or confirms consent\n\nelectronically, in a manner that reasonably\n\ndemonstrates that the party can access information in\n\nthe electronic form that will be used for notices or\n\ndocuments delivered by electronic means as to which\n\nthe party has given consent;\n\n4. The insurer takes measures reasonably calculated to ensure\n\nthat delivery by electronic means results in receipt of the notice\n\nor document by the party; and\n\n5. After consent of the party is given, the insurer, in the\n\nevent a change in the hardware or software requirements needed to\n\naccess or retain a notice or document delivered by electronic means\nas to which\n\nthe party has given consent;\n\n4. The insurer takes measures reasonably calculated to ensure\n\nthat delivery by electronic means results in receipt of the notice\n\nor document by the party; and\n\n5. After consent of the party is given, the insurer, in the\n\nevent a change in the hardware or software requirements needed to\n\naccess or retain a notice or document delivered by electronic means\n\ncreates a material risk that the party will not be able to access or\n\nretain a subsequent notice or document to which the consent applies:\n\na. provides the party with a statement that describes:\n\n(1) the revised hardware and software requirements\n\nfor access to and retention of a notice or\n\ndocument delivered by electronic means, and\n\n(2) the right of the party to withdraw consent\n\nwithout the imposition of any condition or\n\nconsequence that was not disclosed at the time of\n\ninitial consent, and\n\nb. complies with paragraph 2 of this subsection.\n\nE. 1. The plan sponsor of a health benefit plan may, on behalf\n\nof covered persons enrolled in the plan, provide consent to the\n\nmailing of all communications related to the plan by electronic\n\nmeans otherwise required by paragraphs 1 and 2 of subsection D of\n\nthis section.\n\n2. Before consenting on behalf of a covered person, a plan\n\nsponsor must:\n\na. confirm that the covered person routinely uses\n\nelectronic communications during the normal course of\n\nemployment and is able to access and retain electronic\n\ncommunications that may be delivered by the insurer,\n\nand\n\nb. inform the party in any manner the plan sponsor deems\n\nappropriate that such consent will be provided, and\n\nthat notices and documents related to the plan may be\n\ndelivered to the party’s work electronic mail address\n\nunless the party affirmatively opts out of delivery by\n\nelectronic means or provides an alternative electronic\n\nmail address.\n\n3. Before providing delivery of a notice or document by\n\nelectronic means pursuant to this subsection, the insurer for the\n\nhealth benefit plan must:\n\na. provide the party with a clear and conspicuous\n\nstatement informing the person of all of the\n\nfollowing:\n\n(1) the types of notices and documents that may\n\nbe delivered to the covered person by\n\nelectronic means,\n\n(2) the right of the party to withdraw consent\n\nto have a notice or document delivered by\n\nelectronic means at any time without charge,\n\n(3) the procedures the party must follow to\n\nwithdraw consent to have a notice or\n\ndocument delivered by electronic means and\n\nto update the person’s electronic mail\n\naddress, and\n\n(4) the right of the party to have any notice or\n\ndocument delivered, upon request, in paper\n\nform free of charge,\n\nb. provide the party opportunity to opt out of delivery\n\nby electronic means, and\n\nc. document that the applicable provisions of the\n\nconditions under the Uniform Electronic Transactions\n\nAct, Section 15-101 et seq. of Title 12A of the\n\nOklahoma Statutes, are satisfied.\n\n4. When a notice or document is provided electronically to a\n\nparty pursuant to this subsection, an insurer shall apprise the\n\nparty of the significance of the notice or document when it is not\n\notherwise reasonably evident and of the right to request and obtain\n\na paper version of such notice or document.\n\nF. This section does not affect requirements related to content\n\nor timing of any notice or document required under applicable law.\n\nG. If a provision of this title or applicable law requiring a\n\nnotice or document to be provided to a party expressly requires\n\nverification or acknowledgment of receipt of the notice or document,\n\nthe notice or document may be delivered by electronic means only if\n\nthe method used provides for verification or acknowledgment of\n\nreceipt.\n\nH. The legal effectiveness, validity or enforceability of any\n\ncontract or policy of insurance executed by a party may not be\n\ndenied solely because of the failure to obtain electronic consent or\ntion or acknowledgment of receipt of the notice or document,\n\nthe notice or document may be delivered by electronic means only if\n\nthe method used provides for verification or acknowledgment of\n\nreceipt.\n\nH. The legal effectiveness, validity or enforceability of any\n\ncontract or policy of insurance executed by a party may not be\n\ndenied solely because of the failure to obtain electronic consent or\n\nconfirmation of consent of the party in accordance with subparagraph\n\nb of paragraph 3 of subsection D of this section.\n\nI. 1. A withdrawal of consent by a party does not affect the\n\nlegal effectiveness, validity or enforceability of a notice or\n\ndocument delivered by electronic means to the party before the\n\nwithdrawal of consent is effective.\n\n2. A withdrawal of consent by a party is effective within a\n\nreasonable period of time after receipt of the withdrawal by the\n\ninsurer.\n\n3. Failure by an insurer to comply with paragraph 5 of\n\nsubsection D and subsection J of this section may be treated, at the\n\nelection of the party, as a withdrawal of consent for purposes of\n\nthis section.\n\nJ. This section does not apply to a notice or document\n\ndelivered by an insurer in an electronic form before November 1,\n\n2017, to a party who, before that date, has consented to receive\n\nnotice or document in an electronic form otherwise allowed by law.\n\nK. If the consent of a party to receive certain notices or\n\ndocuments in an electronic form is on file with an insurer before\n\nNovember 1, 2017, and pursuant to this section, an insurer intends\n\nto deliver additional notices or documents to such party in an\n\nelectronic form, then prior to delivering such additional notices or\n\ndocuments electronically, the insurer shall:\n\n1. Provide the party with a statement that describes:\n\na. the notices or documents that shall be delivered by\n\nelectronic means under this section that were not\n\npreviously delivered electronically, and\n\nb. the party’s right to withdraw consent to have notices\n\nor documents delivered by electronic means, without\n\nthe imposition of any condition or consequence that\n\nwas not disclosed at the time of initial consent; and\n\n2. Comply with paragraph 2 of subsection D of this section.\n\nL. An insurer shall deliver a notice or document by any other\n\ndelivery method permitted by law other than electronic means if:\n\n1. The insurer attempts to deliver the notice or document by\n\nelectronic means and has a reasonable basis for believing that the\n\nnotice or document has not been received by the party; or\n\n2. The insurer becomes aware that the electronic mail address\n\nprovided by the party is no longer valid.\n\nM. Notwithstanding subsection A of this section or any other\n\nlaw or regulation of this state requiring an insurer to provide,\n\nsend, or deliver an insurance policy or endorsement to an insured,\n\nan insurer may elect to post a policy or endorsement that does not\n\ncontain personally identifiable information on its website provided\n\nit complies with all of the following:\n\n1. The policy or endorsement is easily accessible on the\n\nwebsite so long as it is in force;\n\n2. The policy or endorsement is posted in a manner that enables\n\nthe insured to print and save it using programs or applications\n\nwidely available on the Internet and free of charge to use;\n\n3. The insurer provides notice, in the manner it normally\n\ncommunicates with the insured at the time of issuance or renewal of\n\nthe policy or endorsement, or at the time of any changes to the\n\npolicy or endorsement, of a method by which the insured may obtain,\n\nupon request and without charge, at the choice of the insured, a\n\npaper or electronic copy of the policy or endorsement, or any\n\nchanges to them, and the Internet address where the policy and\n\nendorsement are posted;\n\n4. The insurer provides all of the following information on\n\neach declarations page, or similar document as appropriate to the\norsement, of a method by which the insured may obtain,\n\nupon request and without charge, at the choice of the insured, a\n\npaper or electronic copy of the policy or endorsement, or any\n\nchanges to them, and the Internet address where the policy and\n\nendorsement are posted;\n\n4. The insurer provides all of the following information on\n\neach declarations page, or similar document as appropriate to the\n\nline of coverage, provided to the insured at the time of issuance or\n\nrenewal:\n\na. a description of the exact policy and endorsement\n\nforms purchased by the insured,\n\nb. a method by which the insured may obtain, upon request\n\nand without charge, a paper or electronic copy of the\n\npolicy or endorsement, or any changes to them,\n\nc. the Internet address where the policy and endorsement\n\nare posted; and\n\n5. After expiration of the policy or endorsement, the insurer\n\narchives the expired policies or endorsements in accordance with the\n\nOklahoma Insurance Department's general record retention\n\nrequirements and makes them available upon request.\n\nN. A producer shall not be subject to civil liability for any\n\nharm or injury that occurs as a result of a party’s election to\n\nreceive any notice or document by electronic means or by an\n\ninsurer’s failure to deliver a notice or document by electronic\n\nmeans.\n\nO. This section may not be construed to modify, limit or\n\nsupersede the provisions of the federal Electronic Signatures in\n\nGlobal and National Commerce Act, Public Law 106-229, as amended.","path":["OK Code","Title 36"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os36.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"d8f5ce177bcdf6cba84bf60797a0e1991e27fc077ba62f613f4210bec251ead3","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-36-36-1227","next":"us-ok/okla.-stat.-tit.-36-36-1230"},"notice":"GroundRules: Original legal text. Not legal advice."}