§2462. Electronic delivery of insurance documents and notices

            A. Subject to the requirements of this Section, any notice to a party or any other document required by law in an insurance transaction or that is to serve as evidence of insurance coverage may be delivered, stored, and presented by electronic means if the electronic means meet the requirements of the Louisiana Uniform Electronic Transactions Act, R.S. 9:2601 et seq.

            B. Delivery of a notice or document in accordance with this Section shall be considered equivalent to and have the same effect as any delivery method required by law, including delivery by first class mail, first class mail with postage prepaid, certified mail, certificate of mail, or certificate of mailing.

            C. A notice or document may be delivered by electronic means by an insurer to a party pursuant to this Section if all of the following apply:

            (1) The party has affirmatively consented electronically, or confirmed consent electronically, in a manner that reasonably demonstrates that the party can access information in the electronic form that will be used for notices or documents delivered by electronic means to which the party has given consent, and the party has not withdrawn the consent.

            (2) The party, before giving consent, is provided with a clear and conspicuous statement informing the party of all of the following:

            (a) The hardware and software requirements for access to and retention of a notice or document delivered by electronic means.

            (b) The types of notices and documents to which the party's consent would apply.

            (c) The right of the party to withdraw consent to have a notice or document delivered by electronic means, at any time, and any conditions or consequences imposed in the event consent is withdrawn.

            (d) The procedures a party must follow to withdraw consent to have a notice or document delivered by electronic means and to update the party's electronic mail address.

            (e) The right of a party to have a notice or document delivered, upon request, in paper form.

            D. An insurer shall take all measures reasonably calculated to ensure that delivery by electronic means pursuant to this Section results in receipt of the notice or document by the party.

            E.(1) For purposes of this Section, an employer policyholder of a group health plan may consent to electronic delivery on behalf of its covered employees.

            (2) For such consent to be effective for a particular employee, the covered employee must be able to effectively access documents delivered by electronic means at any location that the employee is reasonably expected to perform his job duties and such access must be an integral part of those duties.

            (3) The covered employee shall also be notified of all of the following:

            (a) The right to withdraw such consent at any time.

            (b) The process for withdrawing such consent.

            (c) The right to request and the process for requesting any such document in paper form.

            F.(1) A health insurance issuer may provide a group or individual insurance policy or contract electronically to a party without the affirmative consent of the party if the issuer mails written notice to the party describing all of the following:

            (a) How to access the policy or contract electronically.

            (b) That a paper form of the policy or contract may be requested at any time.

            (c) How to request a copy of the paper form.

            (d) That the paper form will be provided without any cost to the party.

            (2) A health insurance issuer that receives a request from a party for a paper form of the policy or contract shall provide the copy without any cost to the party as soon as practicable but no later than fifteen calendar days after the health insurance issuer received the request.

            Acts 2018, No. 132, §1; Acts 2019, No. 47, §1; Acts 2020, No. 176, §1.