House File 2330 - Reprinted HOUSE FILE 2330 BY COMMITTEE ON COMMERCE (SUCCESSOR TO HSB 637) (As Amended and Passed by the House February 23, 2022 ) A BILL FOR An Act relating to electronic delivery of certain insurance 1 notices and documents. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 HF 2330 (2) 89 ko/rn/md

H.F. 2330 Section 1. Section 505B.1, Code 2022, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 11A. a. For purposes of this subsection: 3 (1) “Covered employee” or “employee” means an individual 4 participating in a group health plan who is entitled to 5 notices and documents and who is an employee of the sponsor or 6 policyholder of the group health plan. 7 (2) “Covered person” or “person” means an individual 8 participating in a group health plan who is entitled to notices 9 and documents. 10 (3) “Smart device” means an electronic device that combines 11 a cell phone with a hand-held computer and that offers internet 12 access, and text or electronic mail capabilities. 13 b. Notwithstanding any provision of this section to the 14 contrary, a sponsor or policyholder of a group health plan 15 may consent to notices and documents delivered by electronic 16 means, unless there is a federal requirement for a specific 17 mode of delivery, on behalf of the sponsor or policyholder’s 18 covered employees and covered persons. For such consent to 19 be effective, the sponsor or policyholder shall do all of the 20 following: 21 (1) (a) Assign each covered employee for whom consent is 22 being given an electronic mail address for employment-related 23 purposes at which the employee may receive or access 24 notifications regarding posted notices and documents delivered 25 by electronic means, or require each employee for whom consent 26 is being given to provide the sponsor or policyholder with an 27 electronic mail address or a smart device number at which the 28 employee may receive or access notifications regarding posted 29 notices and documents delivered by electronic means. 30 (b) Require each covered person, or a covered employee 31 on behalf of a covered person, to provide the sponsor or 32 policyholder with an electronic mail address or a smart device 33 number at which the person may receive or access notifications 34 regarding notices and documents delivered by electronic means. 35 -1- HF 2330 (2) 89 ko/rn/md 1/ 3

H.F. 2330 (2) Prior to delivery by electronic means of notices and 1 documents to covered employees and covered persons, the sponsor 2 or policyholder shall provide a notification in paper form to 3 each employee and each person for whom consent is being given 4 that does all of the following: 5 (a) Notifies the employee or person that notices and 6 documents for the group health plan will be posted to an 7 internet site to which the employee or person will have 8 reasonable access. 9 (b) Confirms the electronic mail address or smart device 10 number to which notifications regarding notices and documents 11 will be delivered by electronic means to the employee or 12 person. 13 (c) Provides instructions for accessing notices or 14 documents on the internet site described in subparagraph (2), 15 subparagraph division (a). 16 (d) Provides the time period during which a specific type of 17 notice or document delivered by electronic means will remain 18 accessible. 19 (e) Advises the employee or person that a paper form of a 20 notice or document may be requested and will be provided free 21 of charge, and the process to request a paper form. 22 (f) Advises the employee or person of the right to opt out 23 of delivery by electronic means and the process to exercise 24 that right. 25 (3) Provides notice to each impacted covered employee and 26 each impacted covered person each time a notice or document 27 is posted on the internet site described in subparagraph (2), 28 subparagraph division (a). The notice may be delivered by 29 electronic means to the covered employee’s or covered person’s 30 electronic mail address or smart device number and shall 31 include all of the following: 32 (a) A prominent statement that important information 33 regarding the group health plan has been posted on the internet 34 site. 35 -2- HF 2330 (2) 89 ko/rn/md 2/ 3

H.F. 2330 (b) The name of, or a description of, the notice or 1 document. 2 (c) The internet site address or the hyperlink at which the 3 notice or document may be accessed. 4 (d) A statement of the recipient’s right to request the 5 notice or document in paper form, free of charge, and the 6 process to exercise that right. 7 (e) A statement of the recipient’s right to opt out of 8 delivery by electronic means and to receive documents in paper 9 form free of charge. 10 (f) The time period during which the notice or document will 11 remain accessible on the internet site. 12 (g) A telephone number for the insurer or the group health 13 plan administrator. 14 -3- HF 2330 (2) 89 ko/rn/md 3/ 3