(a) The plan sponsor of a health benefit plan, including a vision or dental benefit plan, may, on behalf of a party enrolled in the plan, give consent under § 35.004(c)(1)(A).
(b) Before consenting on behalf of a party, a plan sponsor must:
(1) provide the party with the statements required by Sections 35.004(c)(2) and (c)(3)(A);
(2) confirm that the party routinely uses electronic communications during the normal course of employment; and
(3) provide the party an opportunity to opt out of delivery by electronic means.