---
kind: "section"
citation: "42 C.F.R. § 435.918"
title: "42"
number: "435.918"
heading: "Use of electronic notices."
url: "https://uscodex.org/cfr/42/435.918"
---

# §435.918. Use of electronic notices.

- (a) Effective no earlier than October 1, 2013 and no later than January 1, 2015, the agency must provide individuals with a choice to receive notices and information required under this part or [subpart E of part 431](/cfr/42/part431-subpartE.md) of this chapter in electronic format or by regular mail and must be permitted to change such election.
- (b) If the individual elects to receive communications from the agency electronically, the agency must—
  - (1) **Ensure that the individual's election to receive notices electronically is confirmed by regular mail.**
  - (2) Ensure that the individual is informed of his or her right to change such election to receive notices through regular mail.
  - (3) **Post notices to the individual's electronic account within 1 business day of notice generation.**
  - (4) Send an email or other electronic communication alerting the individual that a notice has been posted to his or her account. The agency may not include confidential information in the email or electronic alert.
  - (5) Send a notice by regular mail within three business days of the date of a failed electronic communication if an electronic communication is undeliverable.
  - (6) At the individual's request, provide through regular mail any notice posted to the individual's electronic account.

## Notes

### Amendments

[78 FR 42303, July 15, 2013]

### Source

Source: 44 FR 17937, Mar. 23, 1979, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 1302.

### Source

Source: 43 FR 45204, Sept. 29, 1978, unless otherwise noted.

### Amendments

[78 FR 42303, July 15, 2013]