Okla. Stat. tit. 36, § 36-123

A. In this section, the following words shall have the

following meanings:

1. “Delivered by electronic means” includes:

a. delivery to an electronic mail address at which a

party has consented to receive notices or documents,

or

b. posting on an electronic network or site accessible

via the Internet, mobile application, computer, mobile

device, tablet or any other electronic device,

together with separate notice of the posting which

shall be provided by electronic mail to the address at

Oklahoma Statutes - Title 36. Insurance Page 47

which the party has consented to receive notice, or by

any other delivery method that has been consented to

by the party;

2. “Health benefit plan” means a health benefit plan as defined

pursuant to Section 6060.4 of this title;

3. “Party” means any recipient of any notice or document

required as part of an insurance transaction, including but not

limited to an applicant, an insured, a policyholder, a covered

person, or an annuity contract holder; and

4. “Plan sponsor” means a person, other than a regulated

entity, who establishes, adopts, or maintains a health benefit plan

that covers residents of this state, including a plan established,

adopted, or maintained by an employer or jointly by an employer and

one or more employee organizations, an association, a committee, a

joint board of trustees, or any similar group of representatives who

establish, adopt, or maintain a plan.

B. Subject to the requirements of this section, any notice to a

party or any other document required under applicable law in an

insurance transaction, or that is to serve as evidence of insurance

coverage, may be delivered, stored and presented by electronic

means, so long as it meets the requirements of the Uniform

Electronic Transactions Act pursuant to Section 15-101 et seq. of

Title 12A of the Oklahoma Statutes.

C. Delivery of a notice or document in accordance with this

section shall be considered equivalent to any delivery method

required under applicable law, including delivery by first class

mail; first class mail, postage prepaid; certified mail; certificate

of mail; or certificate of mailing.

D. A notice or document may be delivered by electronic means by

an insurer to a party under this section if:

1. The party has affirmatively consented to that method of

delivery and has not withdrawn the consent; or

2. The party, before giving consent, is provided with a clear

and conspicuous statement informing the party of:

a. the right of the party to withdraw consent to have a

notice or document delivered by electronic means, at

any time, and any conditions or consequences imposed

in the event consent is withdrawn,

b. the types of notices and documents to which the

party’s consent would apply,

c. the right of a party to have a notice or document

delivered in paper form, and

d. the procedures a party must follow to withdraw consent

to have a notice or document delivered by electronic

means and to update the party’s electronic mail

address;

3. The party:

Oklahoma Statutes - Title 36. Insurance Page 48

a. before giving consent, is provided with a statement of

the hardware and software requirements for access to

and retention of a notice or document delivered by

electronic means, and

b. consents electronically, or confirms consent

electronically, in a manner that reasonably

demonstrates that the party can access information in

the electronic form that will be used for notices or

documents delivered by electronic means as to which

the party has given consent;

4. The insurer takes measures reasonably calculated to ensure

that delivery by electronic means results in receipt of the notice

or document by the party; and

5. After consent of the party is given, the insurer, in the

event a change in the hardware or software requirements needed to

access or retain a notice or document delivered by electronic means
as to which

the party has given consent;

4. The insurer takes measures reasonably calculated to ensure

that delivery by electronic means results in receipt of the notice

or document by the party; and

5. After consent of the party is given, the insurer, in the

event a change in the hardware or software requirements needed to

access or retain a notice or document delivered by electronic means

creates a material risk that the party will not be able to access or

retain a subsequent notice or document to which the consent applies:

a. provides the party with a statement that describes:

(1) the revised hardware and software requirements

for access to and retention of a notice or

document delivered by electronic means, and

(2) the right of the party to withdraw consent

without the imposition of any condition or

consequence that was not disclosed at the time of

initial consent, and

b. complies with paragraph 2 of this subsection.

E. 1. The plan sponsor of a health benefit plan may, on behalf

of covered persons enrolled in the plan, provide consent to the

mailing of all communications related to the plan by electronic

means otherwise required by paragraphs 1 and 2 of subsection D of

this section.

2. Before consenting on behalf of a covered person, a plan

sponsor must:

a. confirm that the covered person routinely uses

electronic communications during the normal course of

employment and is able to access and retain electronic

communications that may be delivered by the insurer,

and

b. inform the party in any manner the plan sponsor deems

appropriate that such consent will be provided, and

that notices and documents related to the plan may be

delivered to the party’s work electronic mail address

unless the party affirmatively opts out of delivery by

electronic means or provides an alternative electronic

mail address.

Oklahoma Statutes - Title 36. Insurance Page 49

3. Before providing delivery of a notice or document by

electronic means pursuant to this subsection, the insurer for the

health benefit plan must:

a. provide the party with a clear and conspicuous

statement informing the person of all of the

following:

(1) the types of notices and documents that may

be delivered to the covered person by

electronic means,

(2) the right of the party to withdraw consent

to have a notice or document delivered by

electronic means at any time without charge,

(3) the procedures the party must follow to

withdraw consent to have a notice or

document delivered by electronic means and

to update the person’s electronic mail

address, and

(4) the right of the party to have any notice or

document delivered, upon request, in paper

form free of charge,

b. provide the party opportunity to opt out of delivery

by electronic means, and

c. document that the applicable provisions of the

conditions under the Uniform Electronic Transactions

Act, Section 15-101 et seq. of Title 12A of the

Oklahoma Statutes, are satisfied.

4. When a notice or document is provided electronically to a

party pursuant to this subsection, an insurer shall apprise the

party of the significance of the notice or document when it is not

otherwise reasonably evident and of the right to request and obtain

a paper version of such notice or document.

F. This section does not affect requirements related to content

or timing of any notice or document required under applicable law.

G. If a provision of this title or applicable law requiring a

notice or document to be provided to a party expressly requires

verification or acknowledgment of receipt of the notice or document,

the notice or document may be delivered by electronic means only if

the method used provides for verification or acknowledgment of

receipt.

H. The legal effectiveness, validity or enforceability of any

contract or policy of insurance executed by a party may not be

denied solely because of the failure to obtain electronic consent or
tion or acknowledgment of receipt of the notice or document,

the notice or document may be delivered by electronic means only if

the method used provides for verification or acknowledgment of

receipt.

H. The legal effectiveness, validity or enforceability of any

contract or policy of insurance executed by a party may not be

denied solely because of the failure to obtain electronic consent or

confirmation of consent of the party in accordance with subparagraph

b of paragraph 3 of subsection D of this section.

I. 1. A withdrawal of consent by a party does not affect the

legal effectiveness, validity or enforceability of a notice or

Oklahoma Statutes - Title 36. Insurance Page 50

document delivered by electronic means to the party before the

withdrawal of consent is effective.

2. A withdrawal of consent by a party is effective within a

reasonable period of time after receipt of the withdrawal by the

insurer.

3. Failure by an insurer to comply with paragraph 5 of

subsection D and subsection J of this section may be treated, at the

election of the party, as a withdrawal of consent for purposes of

this section.

J. This section does not apply to a notice or document

delivered by an insurer in an electronic form before November 1,

2017, to a party who, before that date, has consented to receive

notice or document in an electronic form otherwise allowed by law.

K. If the consent of a party to receive certain notices or

documents in an electronic form is on file with an insurer before

November 1, 2017, and pursuant to this section, an insurer intends

to deliver additional notices or documents to such party in an

electronic form, then prior to delivering such additional notices or

documents electronically, the insurer shall:

1. Provide the party with a statement that describes:

a. the notices or documents that shall be delivered by

electronic means under this section that were not

previously delivered electronically, and

b. the party’s right to withdraw consent to have notices

or documents delivered by electronic means, without

the imposition of any condition or consequence that

was not disclosed at the time of initial consent; and

2. Comply with paragraph 2 of subsection D of this section.

L. An insurer shall deliver a notice or document by any other

delivery method permitted by law other than electronic means if:

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 party; or

2. The insurer becomes aware that the electronic mail address

provided by the party is no longer valid.

M. Notwithstanding subsection A of this section or any other

law or regulation of this state requiring an insurer to provide,

send, or deliver an insurance policy or endorsement to an insured,

an insurer may elect to post a policy or endorsement that does not

contain personally identifiable information on its website provided

it complies with all of the following:

1. The policy or endorsement is easily accessible on the

website so long as it is in force;

2. The policy or endorsement is posted in a manner that enables

the insured to print and save it using programs or applications

widely available on the Internet and free of charge to use;

Oklahoma Statutes - Title 36. Insurance Page 51

3. The insurer provides notice, in the manner it normally

communicates with the insured at the time of issuance or renewal of

the policy or endorsement, or at the time of any changes to the

policy or endorsement, of a method by which the insured may obtain,

upon request and without charge, at the choice of the insured, a

paper or electronic copy of the policy or endorsement, or any

changes to them, and the Internet address where the policy and

endorsement are posted;

4. The insurer provides all of the following information on

each declarations page, or similar document as appropriate to the
orsement, of a method by which the insured may obtain,

upon request and without charge, at the choice of the insured, a

paper or electronic copy of the policy or endorsement, or any

changes to them, and the Internet address where the policy and

endorsement are posted;

4. The insurer provides all of the following information on

each declarations page, or similar document as appropriate to the

line of coverage, provided to the insured at the time of issuance or

renewal:

a. a description of the exact policy and endorsement

forms purchased by the insured,

b. a method by which the insured may obtain, upon request

and without charge, a paper or electronic copy of the

policy or endorsement, or any changes to them,

c. the Internet address where the policy and endorsement

are posted; and

5. After expiration of the policy or endorsement, the insurer

archives the expired policies or endorsements in accordance with the

Oklahoma Insurance Department's general record retention

requirements and makes them available upon request.

N. A producer shall not be subject to civil liability for any

harm or injury that occurs as a result of a party’s election to

receive any notice or document by electronic means or by an

insurer’s failure to deliver a notice or document by electronic

means.

O. This section may not be construed to modify, limit or

supersede the provisions of the federal Electronic Signatures in

Global and National Commerce Act, Public Law 106-229, as amended.