§ 5010. Delivery of insurance policies and endorsements.

419 words·~2 min read·/pa/title-40/chapter-50/5010

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(a)Authorization.-- An insurer may mail, deliver or, if the plan sponsor obtains a separate specific consent, post on the insurer's publicly accessible Internet website an insurance policy and endorsement that does not contain any personally identifiable information.

(b)Internet website posting requirements.-- If an insurer elects to post an insurance policy and endorsement on the insurer's publicly accessible Internet website, in lieu of mailing or delivering the policy and endorsement to the insured, the insurer shall have the following duties:

(1)The insurer shall ensure that the policy and endorsement are accessible to the plan sponsor and producer of record and remains accessible while the policy is in effect.

(2)After the expiration of the policy, the insurer shall do one of the following:

(i)Make the expired policy and endorsement available upon request for a period of no less than five years.

(ii)If the insurer continues to make the expired policy or endorsement available on the insurer's publicly accessible Internet website, keep the plan sponsor's user identification active for a period of not less than five years.

(c)Printable format.-- If an insurer elects to post an insurance policy and endorsement on the insurer's publicly accessible Internet website in lieu of mailing or delivering the policy and endorsement to the covered person, the insurer shall post the policy and endorsement in a manner that enables the plan sponsor and producer of record to print and save the policy and endorsement using a program or application that is widely available on the Internet and free to use.

(d)Description.-- The insurer shall provide the following information to the plan sponsor in or simultaneous with each declaration page provided at the time of issuance of an initial insurance policy and each renewal of the policy:

(1)A description of the exact policy and endorsement form purchased by the plan sponsor.

(2)A description of the plan sponsor's right to receive upon request and without charge an electronic or paper copy of the policy and endorsement.

(3)The publicly accessible Internet website at which the policy and endorsement are posted by the insurer.

(e)Paper copies.-- Upon request by the plan sponsor, the insurer shall mail a paper copy of the plan sponsor's insurance policy and endorsement. The insurer shall mail the first paper copy of the insurance policy and endorsement to the plan sponsor without charge, but may impose a fee on each subsequent request for a paper copy.

40c5011s