§ 5005 — Affect, validity and enforceability of insurance notices or documents

(a) Content of notices or documents.--Nothing in this chapter shall be construed to affect requirements related to content of an insurance notice or document or the timing related to the notice or document required under any other provision of Federal or State law.

(b) Confirmation receipts.--If any other applicable Federal or State law requires confirmation of the receipt of a notice or document from a covered person or plan sponsor of a health benefit plan, an insurer shall only deliver by electronic means a notice or document if the method for delivery provides for an active confirmation receipt by the covered person or plan sponsor.

(c) Prior consent.--This chapter shall not apply to a notice or document delivered by electronic means by an insurer before the effective date of this subsection to a covered person who, prior to the effective date of this subsection, provided consent to the insurer to receive a notice or document delivered by electronic means from the insurer.

(d) Validity or enforceability.--The validity or enforceability of a contract or policy of an insurer executed by a covered person shall not be denied solely because of the failure of the insurer to obtain electronic consent or confirmation of consent of the covered person in accordance with this chapter if the notice or document is delivered in paper form.