{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-325.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-325.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-325.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-325.html"}],"law_id":72048,"edition_id":1,"section_id":72048,"structure_id":13680,"section_number":"38.2-325","catch_line":"Electronic delivery","history":"2009, c. 215; 2012, c. 293; 2013, c. 257; 2016, c. 475; 2024, c. 197.","full_text":"A\n\nAs used in this section, “plan sponsor” means a person, other than the regulated entity, who establishes, adopts, or maintains a health benefit plan, including a dental or vision benefit plan, that covers individuals in the Commonwealth, 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\n\nIf parties have agreed to conduct business by electronic means, and the agent of record, if applicable, has been so notified by the insurer, any information that is required to be delivered in writing may be delivered by (i) placing such information within the body of the electronic message; (ii) placing such information as an attachment to the electronic message that may be opened through the use of software that is readily available; (iii) displaying the information, or a clear and conspicuous link to the information, as an essential step to completing the transaction to which the information relates; or (iv) placing such information on the insurer’s secured server and an electronic message is provided advising that insurance information or, when appropriate, time-sensitive insurance information has been placed on the insurer’s secured server and is available for retrieval. This section should be construed to be consistent with the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.).C\n\nIf parties have agreed to conduct business by electronic means, and notice is provided by the insurer to the named insured pursuant to § 38.2-231, 38.2-2113, 38.2-2114, 38.2-2208, or 38.2-2212, an electronic notification shall also be provided to the agent of record of the named insured, if the named insured has an agent of record. Such electronic notification shall be transmitted to the agent of record as soon as practicable, but in no case more than 72 hours after electronic notice is transmitted to the named insured.D\n\nThe insurer shall retain evidence of electronic notification to the agent of record for at least one year from the date of transmittal. Failure to provide such notice to the agent of record shall not be deemed to invalidate any electronic notice otherwise properly provided to the named insured. For purposes of this section, an electronic notification to the agent of record shall mean a copy of the actual notice, as set forth herein, or in the alternative, shall include the named insured’s name, policy number, and termination date. Electronic notice need not be given to the agent of record if the agent (i) is an employee of the insurer, (ii) is a non-employee exclusive agent of the insurer, or (iii) has waived the receipt of such notices in writing.E\n\nNotwithstanding any other provision of law, any property and casualty insurance forms and endorsements that do not contain personally identifiable information may be posted to the insurer’s publicly available website in lieu of any other method of delivery, provided that:1\n\nSuch forms and endorsements are readily accessible on the insurer’s website and that once such forms or endorsements are no longer used in the Commonwealth they are stored in a readily accessible archive portion of the insurer’s website;2\n\nSuch forms and endorsements are posted in such a manner that they may be readily printed and downloaded without charge and without the use of any special program or application that is not readily available to the public without charge;3\n\nThe insurer provides written notice at time of the issuance of the initial policy forms and any renewal forms of a method by which policyholders may obtain, upon request and without charge, a paper or electronic copy of their policy or contract; and4\n\nThe insurer gives notice, in the manner it customarily communicates with a policyholder, of any changes to the forms or endorsements, and of the policyholder’s right to obtain, upon request and without charge, a paper or electronic copy of such forms or endorsements.F\n\nThe notification to an insurer of any change of the electronic address for the named insured shall be the sole responsibility of the named insured or the plan sponsor, if applicable. The giving to the agent of record by any person of notice of such change of the named insured’s electronic address shall not be deemed to be notice to the insurer unless it is specifically identified as a change and receipt has been accepted by the agent of record.G\n\nNotwithstanding any other provision of law, any evidence of coverage or other forms that do not contain personally identifiable information that a health carrier is required to provide to a policyholder, subscriber, or enrollee may be delivered electronically to the policyholder, subscriber, or enrollee or posted to the health carrier’s publicly available website in lieu of any other method of delivery, provided that:1\n\nSuch evidence of coverage and endorsements, riders, or amendments to it are readily accessible on the health carrier’s website and that once such evidence of coverage and endorsements, riders, or amendments to it are no longer used in the Commonwealth they will be made available electronically upon request;2\n\nSuch evidence of coverage and endorsements, riders, or amendments to it are posted in such a manner that they may be readily printed and downloaded without charge and without the use of any special program or application that is not readily available to the public without charge;3\n\nThe health carrier provides written notice at the time of the issuance of the initial evidence of coverage and any renewals of a method by which the policyholder, subscriber, or enrollee may obtain, upon request and without charge, a paper or electronic copy of such person’s evidence of coverage or endorsements, riders, or amendments to it; and4\n\nThe health carrier gives notice, in the manner in which it customarily communicates with a policyholder, subscriber, or enrollee, of any changes to the evidence of coverage or endorsements, riders, or amendments to it and of the right of such policyholder, subscriber, or enrollee to obtain a paper or electronic copy of such evidence of coverage or endorsements, riders, or amendments to it.H\n\nA plan sponsor may agree on behalf of a party enrolled in the sponsored health benefit plan to conduct business by electronic means, provided that the plan sponsor, prior to agreeing on behalf of the party, has confirmed that the party routinely uses electronic communications during the normal course of employment and has provided notice to the party regarding the ability to opt out of using electronic means at any time. The insurer shall provide notice of the procedures the party is required to follow to withdraw consent and to update the person’s email address. Such notice shall include a statement of the right of the party to have any notice or document delivered, upon request, in paper form free of charge.","order_by":null,"text":{"0":{"id":259614,"text":"As used in this section, “plan sponsor” means a person, other than the regulated entity, who establishes, adopts, or maintains a health benefit plan, including a dental or vision benefit plan, that covers individuals in the Commonwealth, 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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":259615,"text":"If parties have agreed to conduct business by electronic means, and the agent of record, if applicable, has been so notified by the insurer, any information that is required to be delivered in writing may be delivered by (i) placing such information within the body of the electronic message; (ii) placing such information as an attachment to the electronic message that may be opened through the use of software that is readily available; (iii) displaying the information, or a clear and conspicuous link to the information, as an essential step to completing the transaction to which the information relates; or (iv) placing such information on the insurer’s secured server and an electronic message is provided advising that insurance information or, when appropriate, time-sensitive insurance information has been placed on the insurer’s secured server and is available for retrieval. This section should be construed to be consistent with the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.).","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":259616,"text":"If parties have agreed to conduct business by electronic means, and notice is provided by the insurer to the named insured pursuant to § 38.2-231, 38.2-2113, 38.2-2114, 38.2-2208, or 38.2-2212, an electronic notification shall also be provided to the agent of record of the named insured, if the named insured has an agent of record. Such electronic notification shall be transmitted to the agent of record as soon as practicable, but in no case more than 72 hours after electronic notice is transmitted to the named insured.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":259617,"text":"The insurer shall retain evidence of electronic notification to the agent of record for at least one year from the date of transmittal. Failure to provide such notice to the agent of record shall not be deemed to invalidate any electronic notice otherwise properly provided to the named insured. For purposes of this section, an electronic notification to the agent of record shall mean a copy of the actual notice, as set forth herein, or in the alternative, shall include the named insured’s name, policy number, and termination date. Electronic notice need not be given to the agent of record if the agent (i) is an employee of the insurer, (ii) is a non-employee exclusive agent of the insurer, or (iii) has waived the receipt of such notices in writing.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":259618,"text":"Notwithstanding any other provision of law, any property and casualty insurance forms and endorsements that do not contain personally identifiable information may be posted to the insurer’s publicly available website in lieu of any other method of delivery, provided that:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"5":{"id":259619,"text":"Such forms and endorsements are readily accessible on the insurer’s website and that once such forms or endorsements are no longer used in the Commonwealth they are stored in a readily accessible archive portion of the insurer’s website;","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"6":{"id":259620,"text":"Such forms and endorsements are posted in such a manner that they may be readily printed and downloaded without charge and without the use of any special program or application that is not readily available to the public without charge;","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"7":{"id":259621,"text":"The insurer provides written notice at time of the issuance of the initial policy forms and any renewal forms of a method by which policyholders may obtain, upon request and without charge, a paper or electronic copy of their policy or contract; and","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"E4"},"8":{"id":259622,"text":"The insurer gives notice, in the manner it customarily communicates with a policyholder, of any changes to the forms or endorsements, and of the policyholder’s right to obtain, upon request and without charge, a paper or electronic copy of such forms or endorsements.","type":"section","prefixes":["E","4"],"prefix":"4","entire_prefix":"E4","prefix_anchor":"E4","level":2,"prior_prefix":"E3","next_prefix":"F"},"9":{"id":259623,"text":"The notification to an insurer of any change of the electronic address for the named insured shall be the sole responsibility of the named insured or the plan sponsor, if applicable. The giving to the agent of record by any person of notice of such change of the named insured’s electronic address shall not be deemed to be notice to the insurer unless it is specifically identified as a change and receipt has been accepted by the agent of record.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E4","next_prefix":"G"},"10":{"id":259624,"text":"Notwithstanding any other provision of law, any evidence of coverage or other forms that do not contain personally identifiable information that a health carrier is required to provide to a policyholder, subscriber, or enrollee may be delivered electronically to the policyholder, subscriber, or enrollee or posted to the health carrier’s publicly available website in lieu of any other method of delivery, provided that:","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"G1"},"11":{"id":259625,"text":"Such evidence of coverage and endorsements, riders, or amendments to it are readily accessible on the health carrier’s website and that once such evidence of coverage and endorsements, riders, or amendments to it are no longer used in the Commonwealth they will be made available electronically upon request;","type":"section","prefixes":["G","1"],"prefix":"1","entire_prefix":"G1","prefix_anchor":"G1","level":2,"prior_prefix":"G","next_prefix":"G2"},"12":{"id":259626,"text":"Such evidence of coverage and endorsements, riders, or amendments to it are posted in such a manner that they may be readily printed and downloaded without charge and without the use of any special program or application that is not readily available to the public without charge;","type":"section","prefixes":["G","2"],"prefix":"2","entire_prefix":"G2","prefix_anchor":"G2","level":2,"prior_prefix":"G1","next_prefix":"G3"},"13":{"id":259627,"text":"The health carrier provides written notice at the time of the issuance of the initial evidence of coverage and any renewals of a method by which the policyholder, subscriber, or enrollee may obtain, upon request and without charge, a paper or electronic copy of such person’s evidence of coverage or endorsements, riders, or amendments to it; and","type":"section","prefixes":["G","3"],"prefix":"3","entire_prefix":"G3","prefix_anchor":"G3","level":2,"prior_prefix":"G2","next_prefix":"G4"},"14":{"id":259628,"text":"The health carrier gives notice, in the manner in which it customarily communicates with a policyholder, subscriber, or enrollee, of any changes to the evidence of coverage or endorsements, riders, or amendments to it and of the right of such policyholder, subscriber, or enrollee to obtain a paper or electronic copy of such evidence of coverage or endorsements, riders, or amendments to it.","type":"section","prefixes":["G","4"],"prefix":"4","entire_prefix":"G4","prefix_anchor":"G4","level":2,"prior_prefix":"G3","next_prefix":"H"},"15":{"id":259629,"text":"A plan sponsor may agree on behalf of a party enrolled in the sponsored health benefit plan to conduct business by electronic means, provided that the plan sponsor, prior to agreeing on behalf of the party, has confirmed that the party routinely uses electronic communications during the normal course of employment and has provided notice to the party regarding the ability to opt out of using electronic means at any time. The insurer shall provide notice of the procedures the party is required to follow to withdraw consent and to update the person’s email address. Such notice shall include a statement of the right of the party to have any notice or document delivered, upon request, in paper form free of charge.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G4"}},"ancestry":[{"id":13680,"edition_id":1,"name":"Provisions Relating to Insurance Policies and Contracts","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:45:32","date_modified":"2026-06-26 03:45:32","permalink":{"id":214203,"object_type":"structure","relational_id":13680,"identifier":"3","token":"38.2\/3","url":"\/38.2\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12698,"edition_id":1,"name":"Insurance","identifier":"38.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":210661,"object_type":"structure","relational_id":12698,"identifier":"38.2","token":"38.2","url":"\/38.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":67920,"structure_id":13680,"section_number":"38.2-300","catch_line":"Scope of chapter","url":"\/38.2-300\/","token":"38.2\/3\/38.2-300","metadata":false},{"id":66037,"structure_id":13680,"section_number":"38.2-301","catch_line":"Insurable interest required; life, accident and sickness insurance","url":"\/38.2-301\/","token":"38.2\/3\/38.2-301","metadata":false},{"id":76812,"structure_id":13680,"section_number":"38.2-302","catch_line":"Life, accident, and sickness insurance; application required","url":"\/38.2-302\/","token":"38.2\/3\/38.2-302","metadata":false},{"id":58792,"structure_id":13680,"section_number":"38.2-303","catch_line":"Insurable interest required; property insurance","url":"\/38.2-303\/","token":"38.2\/3\/38.2-303","metadata":false},{"id":79372,"structure_id":13680,"section_number":"38.2-304","catch_line":"Contracts of temporary insurance; duration; what deemed to include","url":"\/38.2-304\/","token":"38.2\/3\/38.2-304","metadata":false},{"id":68773,"structure_id":13680,"section_number":"38.2-305","catch_line":"Contents of policies","url":"\/38.2-305\/","token":"38.2\/3\/38.2-305","metadata":false},{"id":76860,"structure_id":13680,"section_number":"38.2-306","catch_line":"Additional contents","url":"\/38.2-306\/","token":"38.2\/3\/38.2-306","metadata":false},{"id":84098,"structure_id":13680,"section_number":"38.2-307","catch_line":"Charter and bylaw provisions in policies","url":"\/38.2-307\/","token":"38.2\/3\/38.2-307","metadata":false},{"id":69279,"structure_id":13680,"section_number":"38.2-308","catch_line":"Contingent liability provisions in policies issued by certain mutual insurers","url":"\/38.2-308\/","token":"38.2\/3\/38.2-308","metadata":false},{"id":65281,"structure_id":13680,"section_number":"38.2-309","catch_line":"When answers or statements of applicant do not bar recovery on policy","url":"\/38.2-309\/","token":"38.2\/3\/38.2-309","metadata":false},{"id":67536,"structure_id":13680,"section_number":"38.2-310","catch_line":"All fees, charges, etc., to be stated in policy","url":"\/38.2-310\/","token":"38.2\/3\/38.2-310","metadata":false},{"id":72176,"structure_id":13680,"section_number":"38.2-311","catch_line":"Type size in which conditions and restrictions to be printed","url":"\/38.2-311\/","token":"38.2\/3\/38.2-311","metadata":false},{"id":75172,"structure_id":13680,"section_number":"38.2-312","catch_line":"Provisions limiting jurisdiction, or requiring construction of contracts by law of other states, prohibited","url":"\/38.2-312\/","token":"38.2\/3\/38.2-312","metadata":false},{"id":74805,"structure_id":13680,"section_number":"38.2-313","catch_line":"Where certain contracts deemed made","url":"\/38.2-313\/","token":"38.2\/3\/38.2-313","metadata":false},{"id":56872,"structure_id":13680,"section_number":"38.2-314","catch_line":"Limitation of action and proof of loss","url":"\/38.2-314\/","token":"38.2\/3\/38.2-314","metadata":false},{"id":69924,"structure_id":13680,"section_number":"38.2-315","catch_line":"Intervening breach","url":"\/38.2-315\/","token":"38.2\/3\/38.2-315","metadata":false},{"id":60466,"structure_id":13680,"section_number":"38.2-316","catch_line":"Policy forms to be filed with Commission; notice of approval or disapproval; exceptions","url":"\/38.2-316\/","token":"38.2\/3\/38.2-316","metadata":false},{"id":85582,"structure_id":13680,"section_number":"38.2-316.1","catch_line":"Premium rates","url":"\/38.2-316.1\/","token":"38.2\/3\/38.2-316.1","metadata":false},{"id":71148,"structure_id":13680,"section_number":"38.2-316.2","catch_line":"Dental carriers; annual actual loss ratio report","url":"\/38.2-316.2\/","token":"38.2\/3\/38.2-316.2","metadata":false},{"id":77188,"structure_id":13680,"section_number":"38.2-317","catch_line":"Delivery and use of certain policies and endorsements","url":"\/38.2-317\/","token":"38.2\/3\/38.2-317","metadata":false},{"id":64949,"structure_id":13680,"section_number":"38.2-318","catch_line":"Validity of noncomplying forms","url":"\/38.2-318\/","token":"38.2\/3\/38.2-318","metadata":false},{"id":67693,"structure_id":13680,"section_number":"38.2-319","catch_line":"Validity of contracts in violation of law","url":"\/38.2-319\/","token":"38.2\/3\/38.2-319","metadata":false},{"id":71052,"structure_id":13680,"section_number":"38.2-320","catch_line":"Insurer to furnish forms for proof of loss","url":"\/38.2-320\/","token":"38.2\/3\/38.2-320","metadata":false},{"id":60210,"structure_id":13680,"section_number":"38.2-321","catch_line":"Payment discharges insurer","url":"\/38.2-321\/","token":"38.2\/3\/38.2-321","metadata":false},{"id":65634,"structure_id":13680,"section_number":"38.2-322","catch_line":"Standardized claims forms","url":"\/38.2-322\/","token":"38.2\/3\/38.2-322","metadata":false},{"id":54659,"structure_id":13680,"section_number":"38.2-323","catch_line":"Repealed","url":"\/38.2-323\/","token":"38.2\/3\/38.2-323","metadata":false},{"id":87300,"structure_id":13680,"section_number":"38.2-324","catch_line":"Disclosure of property damage information","url":"\/38.2-324\/","token":"38.2\/3\/38.2-324","metadata":false},{"id":72048,"structure_id":13680,"section_number":"38.2-325","catch_line":"Electronic delivery","url":"\/38.2-325\/","token":"38.2\/3\/38.2-325","metadata":false},{"id":55944,"structure_id":13680,"section_number":"38.2-326","catch_line":"Plan management functions","url":"\/38.2-326\/","token":"38.2\/3\/38.2-326","metadata":false}],"previous_section":{"id":87300,"structure_id":13680,"section_number":"38.2-324","catch_line":"Disclosure of property damage information","url":"\/38.2-324\/","token":"38.2\/3\/38.2-324","metadata":false},"next_section":{"id":55944,"structure_id":13680,"section_number":"38.2-326","catch_line":"Plan management functions","url":"\/38.2-326\/","token":"38.2\/3\/38.2-326","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-325\/","history_text":"

This law was first created in 2009. The record of its establishment is cataloged in chapter 215<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2012, chapter 293<\/a>; in 2013, chapter 257<\/a>; in 2016, chapter 475<\/a>; in 2024, chapter 197<\/a>.<\/p>","references":[{"id":57007,"section_number":"38.2-2521","catch_line":"Notice of assessment; how given","order_by":null,"url":"\/38.2-2521\/"},{"id":55347,"section_number":"38.2-4214","catch_line":"Application of certain provisions of law","order_by":null,"url":"\/38.2-4214\/"},{"id":67952,"section_number":"38.2-4319","catch_line":"Statutory construction and relationship to other laws","order_by":null,"url":"\/38.2-4319\/"},{"id":62548,"section_number":"38.2-4509","catch_line":"Application of certain laws","order_by":null,"url":"\/38.2-4509\/"}],"refers_to":[{"id":62048,"section_number":"38.2-2113","catch_line":"Mailing or electronic delivery of notice of cancellation or refusal to renew","order_by":null,"url":"\/38.2-2113\/"},{"id":83824,"section_number":"38.2-2114","catch_line":"Grounds and procedure for termination of policy; contents of notice; review by Commissioner; exceptions; immunity from liability","order_by":null,"url":"\/38.2-2114\/"},{"id":80121,"section_number":"38.2-2208","catch_line":"Notices of cancellation of or refusal to renew motor vehicle insurance policies","order_by":null,"url":"\/38.2-2208\/"},{"id":80817,"section_number":"38.2-2212","catch_line":"Grounds and procedure for cancellation of or refusal to renew motor vehicle insurance policies; review by Commissioner","order_by":null,"url":"\/38.2-2212\/"},{"id":69255,"section_number":"38.2-231","catch_line":"Notice of cancellation, refusal to renew, reduction in coverage or increase in premium of certain liability insurance policies","order_by":null,"url":"\/38.2-231\/"}],"permalink":{"id":214313,"object_type":"law","relational_id":72048,"identifier":"38.2-325","token":"38.2\/3\/38.2-325","url":"\/38.2-325\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-325\/","token":"38.2\/3\/38.2-325","dublin_core":{"Title":"Electronic delivery","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-325","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section, “plan sponsor<\/span>” means a person<\/span>, other than the regulated entity, who establishes, adopts, or maintains a health benefit plan, including a dental or vision benefit plan, that covers individuals in the Commonwealth, 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If parties have agreed to conduct business by electronic means, and the agent of record, if applicable, has been so notified by the insurer<\/span>, any information that is required to be delivered in writing may be delivered by (i) placing such information within the body of the electronic message; (ii) placing such information as an attachment<\/span> to the electronic message that may be opened through the use of software that is readily available; (iii) displaying the information, or a clear and conspicuous link to the information, as an essential step to completing the transaction to which the information relates; or (iv) placing such information on the insurer<\/span>’s secured server and an electronic message is provided advising that insurance<\/span> information or, when appropriate, time-sensitive insurance<\/span> information has been placed on the insurer<\/span>’s secured server and is available for retrieval. This section should be construed to be consistent with the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If parties have agreed to conduct business by electronic means, and notice is provided by the insurer<\/span> to the named insured pursuant to § 38.2-231<\/a>, 38.2-2113<\/a>, 38.2-2114<\/a>, 38.2-2208<\/a>, or 38.2-2212<\/a>, an electronic notification shall also be provided to the agent of record of the named insured, if the named insured has an agent of record. Such electronic notification shall be transmitted to the agent of record as soon as practicable, but in no case more than 72 hours after electronic notice is transmitted to the named insured. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The insurer<\/span> shall retain evidence<\/span> of electronic notification to the agent of record for at least one year from the date of transmittal. Failure to provide such notice to the agent of record shall not be deemed to invalidate any electronic notice otherwise properly provided to the named insured. For purposes of this section, an electronic notification to the agent of record shall mean a copy of the actual notice, as set forth herein, or in the alternative, shall include the named insured’s name, policy number, and termination date. Electronic notice need not be given to the agent of record if the agent (i) is an employee of the insurer<\/span>, (ii) is a non-employee exclusive agent of the insurer<\/span>, or (iii) has waived the receipt of such notices in writing. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Notwithstanding any other provision of law<\/span>, any property and casualty insurance<\/span> forms and endorsements that do not contain personally identifiable information may be posted to the insurer<\/span>’s publicly available website in lieu of any other method of delivery, provided that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Such forms and endorsements are readily accessible on the insurer<\/span>’s website and that once such forms or endorsements are no longer used in the Commonwealth they are stored in a readily accessible archive portion of the insurer<\/span>’s website; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Such forms and endorsements are posted in such a manner that they may be readily printed and downloaded without charge and without the use of any special program or application that is not readily available to the public without charge; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The insurer<\/span> provides written notice at time of the issuance of the initial policy forms and any renewal forms of a method by which policyholders may obtain, upon request and without charge, a paper or electronic copy of their policy or contract<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The insurer<\/span> gives notice, in the manner it customarily communicates with a policyholder, of any changes to the forms or endorsements, and of the policyholder’s right to obtain, upon request and without charge, a paper or electronic copy of such forms or endorsements. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The notification to an insurer<\/span> of any change of the electronic address for the named insured shall be the sole responsibility of the named insured or the plan sponsor<\/span>, if applicable. The giving to the agent of record by any person<\/span> of notice of such change of the named insured’s electronic address shall not be deemed to be notice to the insurer<\/span> unless it is specifically identified as a change and receipt has been accepted by the agent of record. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Notwithstanding any other provision of law<\/span>, any evidence<\/span> of coverage or other forms that do not contain personally identifiable information that a health carrier is required to provide to a policyholder, subscriber, or enrollee may be delivered electronically to the policyholder, subscriber, or enrollee or posted to the health carrier’s publicly available website in lieu of any other method of delivery, provided that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Such evidence<\/span> of coverage and endorsements, riders, or amendments to it are readily accessible on the health carrier’s website and that once such evidence<\/span> of coverage and endorsements, riders, or amendments to it are no longer used in the Commonwealth they will be made available electronically upon request; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Such evidence<\/span> of coverage and endorsements, riders, or amendments to it are posted in such a manner that they may be readily printed and downloaded without charge and without the use of any special program or application that is not readily available to the public without charge; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The health carrier provides written notice at the time of the issuance of the initial evidence<\/span> of coverage and any renewals of a method by which the policyholder, subscriber, or enrollee may obtain, upon request and without charge, a paper or electronic copy of such person<\/span>’s evidence<\/span> of coverage or endorsements, riders, or amendments to it; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The health carrier gives notice, in the manner in which it customarily communicates with a policyholder, subscriber, or enrollee, of any changes to the evidence<\/span> of coverage or endorsements, riders, or amendments to it and of the right of such policyholder, subscriber, or enrollee to obtain a paper or electronic copy of such evidence<\/span> of coverage or endorsements, riders, or amendments to it. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> A plan sponsor<\/span> may agree on behalf of a party<\/span> enrolled in the sponsored health benefit plan to conduct business by electronic means, provided that the plan sponsor<\/span>, prior to agreeing on behalf of the party<\/span>, has confirmed that the party<\/span> routinely uses electronic communications during the normal course of employment and has provided notice to the party<\/span> regarding the ability to opt out of using electronic means at any time. The insurer<\/span> shall provide notice of the procedures the party<\/span> is required to follow to withdraw consent and to update the person<\/span>’s email address. Such notice shall include a statement of the right of the party<\/span> to have any notice or document delivered, upon request, in paper form free of charge. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nELECTRONIC DELIVERY (\u00a7 38.2-325)\n\nA. As used in this section, “plan sponsor” means a person, other\nthan the regulated entity, who establishes, adopts, or maintains a health\nbenefit plan, including a dental or vision benefit plan, that covers individuals\nin the Commonwealth, including a plan established, adopted, or maintained by an\nemployer or jointly by an employer and one or more employee organizations, an\nassociation, a committee, a joint board of trustees, or any similar group of\nrepresentatives who establish, adopt, or maintain a plan.\n\nB. If parties have agreed to conduct business by electronic means, and the agent\nof record, if applicable, has been so notified by the insurer, any information\nthat is required to be delivered in writing may be delivered by (i) placing such\ninformation within the body of the electronic message; (ii) placing such\ninformation as an attachment to the electronic message that may be opened\nthrough the use of software that is readily available; (iii) displaying the\ninformation, or a clear and conspicuous link to the information, as an essential\nstep to completing the transaction to which the information relates; or (iv)\nplacing such information on the insurer’s secured server and an electronic\nmessage is provided advising that insurance information or, when appropriate,\ntime-sensitive insurance information has been placed on the insurer’s\nsecured server and is available for retrieval. This section should be construed\nto be consistent with the Electronic Signatures in Global and National Commerce\nAct (15 U.S.C. § 7001 et seq.).\n\nC. If parties have agreed to conduct business by electronic means, and notice is\nprovided by the insurer to the named insured pursuant to § 38.2-231,\n38.2-2113, 38.2-2114, 38.2-2208, or 38.2-2212, an electronic notification shall\nalso be provided to the agent of record of the named insured, if the named\ninsured has an agent of record. Such electronic notification shall be\ntransmitted to the agent of record as soon as practicable, but in no case more\nthan 72 hours after electronic notice is transmitted to the named insured.\n\nD. The insurer shall retain evidence of electronic notification to the agent of\nrecord for at least one year from the date of transmittal. Failure to provide\nsuch notice to the agent of record shall not be deemed to invalidate any\nelectronic notice otherwise properly provided to the named insured. For purposes\nof this section, an electronic notification to the agent of record shall mean a\ncopy of the actual notice, as set forth herein, or in the alternative, shall\ninclude the named insured’s name, policy number, and termination date.\nElectronic notice need not be given to the agent of record if the agent (i) is\nan employee of the insurer, (ii) is a non-employee exclusive agent of the\ninsurer, or (iii) has waived the receipt of such notices in writing.\n\nE. Notwithstanding any other provision of law, any property and casualty\ninsurance forms and endorsements that do not contain personally identifiable\ninformation may be posted to the insurer’s publicly available website in\nlieu of any other method of delivery, provided that:\n\n 1. Such forms and endorsements are readily accessible on the insurer’s\n website and that once such forms or endorsements are no longer used in the\n Commonwealth they are stored in a readily accessible archive portion of the\n insurer’s website;\n\n 2. Such forms and endorsements are posted in such a manner that they may be\n readily printed and downloaded without charge and without the use of any\n special program or application that is not readily available to the public\n without charge;\n\n 3. The insurer provides written notice at time of the issuance of the initial\n policy forms and any renewal forms of a method by which policyholders may\n obtain, upon request and without charge, a paper or electronic copy of their\n policy or contract; and\n\n 4. The insurer gives notice, in the manner it customarily communicates with a\n policyholder, of any changes to the forms or endorsements, and of the\n policyholder’s right to obtain, upon request and without charge, a paper\n or electronic copy of such forms or endorsements.\n\nF. The notification to an insurer of any change of the electronic address for\nthe named insured shall be the sole responsibility of the named insured or the\nplan sponsor, if applicable. The giving to the agent of record by any person of\nnotice of such change of the named insured’s electronic address shall not\nbe deemed to be notice to the insurer unless it is specifically identified as a\nchange and receipt has been accepted by the agent of record.\n\nG. Notwithstanding any other provision of law, any evidence of coverage or other\nforms that do not contain personally identifiable information that a health\ncarrier is required to provide to a policyholder, subscriber, or enrollee may be\ndelivered electronically to the policyholder, subscriber, or enrollee or posted\nto the health carrier’s publicly available website in lieu of any other\nmethod of delivery, provided that:\n\n 1. Such evidence of coverage and endorsements, riders, or amendments to it are\n readily accessible on the health carrier’s website and that once such\n evidence of coverage and endorsements, riders, or amendments to it are no\n longer used in the Commonwealth they will be made available electronically\n upon request;\n\n 2. Such evidence of coverage and endorsements, riders, or amendments to it are\n posted in such a manner that they may be readily printed and downloaded\n without charge and without the use of any special program or application that\n is not readily available to the public without charge;\n\n 3. The health carrier provides written notice at the time of the issuance of\n the initial evidence of coverage and any renewals of a method by which the\n policyholder, subscriber, or enrollee may obtain, upon request and without\n charge, a paper or electronic copy of such person’s evidence of coverage\n or endorsements, riders, or amendments to it; and\n\n 4. The health carrier gives notice, in the manner in which it customarily\n communicates with a policyholder, subscriber, or enrollee, of any changes to\n the evidence of coverage or endorsements, riders, or amendments to it and of\n the right of such policyholder, subscriber, or enrollee to obtain a paper or\n electronic copy of such evidence of coverage or endorsements, riders, or\n amendments to it.\n\nH. A plan sponsor may agree on behalf of a party enrolled in the sponsored\nhealth benefit plan to conduct business by electronic means, provided that the\nplan sponsor, prior to agreeing on behalf of the party, has confirmed that the\nparty routinely uses electronic communications during the normal course of\nemployment and has provided notice to the party regarding the ability to opt out\nof using electronic means at any time. The insurer shall provide notice of the\nprocedures the party is required to follow to withdraw consent and to update the\nperson’s email address. Such notice shall include a statement of the right\nof the party to have any notice or document delivered, upon request, in paper\nform free of charge.\n\nHISTORY: 2009, c. 215; 2012, c. 293; 2013, c. 257; 2016, c. 475; 2024, c. 197.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}