Senate Bill 2614

AN ACT TO CREATE NEW SECTION 83-5-858, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A PLAN SPONSOR OF A HEALTH BENEFIT PLAN MAY, ON BEHALF OF COVERED PERSONS IN THE PLAN, PROVIDE THE CONSENT TO THE MAILING OF ALL COMMUNICATIONS RELATED TO THE PLAN BY ELECTRONIC MEANS; TO PROVIDE CERTAIN OTHER REQUIREMENTS OF PLAN SPONSORS AND INSURERS FOR HEALTH BENEFIT PLANS; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 83-5-858, Mississippi Code of 1972:

83-5-858. (1) As used in this section, the following terms shall have the meanings ascribed herein:

(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 to the mailing of all communications related to the plan by electronic means otherwise required by Section 83-5-857 and to the electronic delivery of any health insurance identification card.

(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 all conditions of Sections 83-5-857 and 83-5-859 are satisfied.

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