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Pennsylvania Statutes, Title 40

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Pennsylvania/Statutes

← All Pennsylvania coverage

Title 40, INSURANCE

23 chapters · 216 sections in this title.

All chapters in Title 40216 Ch 71, Reserve Liabilities33 Ch 63, Professional Health Services Plan Co…25 Ch 45, Insurance Data Security18 Ch 35, Medical Professional Liability Recip…17 Ch 95, Reinsurance Program16 Ch 93, State-based Exchange14 Ch 50, Electronic Notice of Insurance Practices13 Ch 61, Hospital Plan Corporations12 Ch 39, Corporate Governance Annual Disclosure11 Ch 47, Pet Insurance11 Ch 37, Unclaimed Life Insurance Benefits6 Ch 38, Retroactive Denial of Reimbursements6 Ch 51, Rebates and Inducements6 Ch 40, Medication Synchronization5

13 sections·Filtered byTitle 40✕Ch 50✕

40 Pa.C.S. § 5001 Scope of chapter
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This chapter relates to electronic notice of insurance practices.
40 Pa.C.S. § 5002 Definitions
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The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Covered person." An individual who is entitled to receive health care services under a health benefit plan. "Deliver by…
40 Pa.C.S. § 5003 Electronic delivery of insurance notices or documents
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(a) Transactions.--Subject to the requirements of this section, an insurer may deliver by electronic means a notice to a covered person or any document required by Federal or State law in a transaction with the insurer or deliver in a manner that serves as evidence of insurance c…
40 Pa.C.S. § 5004 Changes in hardware or software requirements
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After a covered person or plan sponsor provides consent in accordance with section 5003 (relating to electronic delivery of insurance notices or documents), if a change in the hardware or software requirements necessary to access or retain a notice or document to be delivered by …

40 Pa.C.S. § 5005 Affect, validity and enforceability of insurance notices or documents

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(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) Confirmati…

40 Pa.C.S. § 5006 Rescission of delivery by electronic means

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(a) Procedures.--No later than 30 days after the effective date of this subsection, an insurer shall develop procedures by which a covered person may opt out of delivery by electronic means. (b) Legality.--The decision by a covered person to opt out of delivery by electronic mean…

40 Pa.C.S. § 5007 Prior consent for electronic delivery of insurance notices or documents

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If an insurer has a documented record from a covered person indicating approval by the covered person for a notice or document to be delivered by electronic means from the insurer before the effective date of this section and the insurer intends to deliver by electronic means an …

40 Pa.C.S. § 5008 Alternative methods of delivery

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(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) …

40 Pa.C.S. § 5009 Limitation on civil liability

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An insurer or plan sponsor shall not be civilly liable under this chapter.

40 Pa.C.S. § 5010 Delivery of insurance policies and endorsements

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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…

40 Pa.C.S. § 5011 Construction

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(a) Applicability.--Nothing in this chapter shall apply to self-insured health benefit plans subject to ERISA or exempted from ERISA under section 4(b) of ERISA. (b) Content and timing of notices.--Nothing in this chapter shall be construed to affect or change the time or content…

40 Pa.C.S. § 5012 Regulations

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The department may promulgate any necessary or appropriate regulations to effectuate this chapter.

40 Pa.C.S. § 5013 Violations

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Failure to comply with the requirements of this chapter shall be deemed an unfair insurance practice under the act of July 22, 1974 (P.L.589, No.205), known as the Unfair Insurance Practices Act.