§ 5008 — Alternative methods of delivery

(a) Alternative methods.--An insurer shall deliver a notice or document to a covered person by any other method that was authorized by Federal or State law before the effective date of this subsection other than delivery by electronic means if either of the following occurs:

(1) The insurer attempts to deliver the notice or document by electronic means and has a reasonable basis for believing that the notice or document has not been received by the covered person.

(2) The insurer becomes aware that the email address provided by the covered person to the insurer is no longer valid.

(b) Confidentiality.--Nothing in this chapter shall be construed to preclude the ability of a covered person to request confidential communication of the covered person's protected health information as permitted by the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191, 110 Stat. 1936).

(c) Construction.--Nothing in this chapter shall be construed to preclude the ability of an insurer to deliver a notice or document to a covered person by any method authorized by Federal or State law.