House Bill 1190

(As Passed the House)

AN ACT TO PROVIDE THAT PLAN SPONSOR OF A HEALTH BENEFIT PLAN MAY, ON BEHALF OF COVERED PERSONS IN THE PLAN, PROVIDE THE CONSENT REQUIRED IN THE MISSISSIPPI INSURANCE E-COMMERCE MODEL ACT TO THE MAILING OF ALL COMMUNICATIONS RELATED TO THE PLAN BY ELECTRONIC MEANS; TO DEFINE "HEALTH BENEFIT PLAN" AND "PLAN SPONSOR"; TO PROVIDE THAT BEFORE CONSENTING ON BEHALF OF A PARTY, A PLAN SPONSOR SHALL CONFIRM THAT THE PARTY ROUTINELY USES ELECTRONIC COMMUNICATIONS DURING THE NORMAL COURSE OF EMPLOYMENT; TO PROVIDE THAT BEFORE PROVIDING DELIVERY BY ELECTRONIC MEANS, THE INSURER FOR THE HEALTH BENEFIT PLAN SHALL PROVIDE THE PARTY AN OPPORTUNITY TO OPT OUT OF DELIVERY BY ELECTRONIC MEANS AND MEET CERTAIN OTHER CONDITIONS OF THE MISSISSIPPI INSURANCE E-COMMERCE MODEL ACT; TO AUTHORIZE THE COMMISSIONER OF INSURANCE TO ADOPT RULES TO IMPLEMENT THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) For the purposes of this section, the following words and phrases shall have the meanings as defined herein unless the context clearly indicates otherwise:

(a) "Health benefit plan" means a policy, contract, certificate or agreement entered into, offered by or issued by an insurer to provide, deliver, arrange for, pay for or reimburse any of the costs of healthcare services, including a vision or dental benefit plan.

(b) "Plan sponsor" means a person, other than a regulated entity, who establishes, adopts or maintains a health benefit plan that covers residents of this state, including a plan established, adopted or maintained by an employer or jointly by an employer and one or more employee organizations, an association, a committee, a joint board of trustees or any similar group of representatives who establish, adopt or maintain a plan.

(2) The plan sponsor of a health benefit plan may, on behalf of covered persons in the plan, provide the consent required in Section 83-5-857 to the mailing of all communications related to the plan by electronic means.

(3) Before consenting on behalf of a party, a plan sponsor shall confirm that the party routinely uses electronic communications during the normal course of employment.

(4) Before providing delivery by electronic means, the insurer for the health benefit plan shall:

(a) Provide the party an opportunity to opt out of delivery by electronic means; and

(b) Document that the remaining conditions under Sections 83-5-857(b) and Sections 83-5-859, 83-5-861, 83-5-867 and 83-5-869 are satisfied.

(5) The Commissioner of Insurance may adopt rules to implement the provisions of this section.

SECTION 2. This act shall take effect and be in force from and after July 1, 2023.