(a) A material change made by a health insurer, as defined in subdivision (b) of Section 106, to the terms and conditions of a contract between the health insurer and a life and accident and health or sickness agent shall not become effective until the health insurer has delivered to the life and accident and health or sickness agent, at least 45 days prior to the effective date of the change, written or electronic notice indicating the change or changes to the contract. For purposes of this section, a “material change” is a change made to a provision of the contract affecting any of the following:

1. (1) Commissions, bonuses, and incentives paid to the life and accident and health or sickness agent.
2. (2) Right of survivorship.
3. (3) Indemnification of the life and accident and health or sickness agent by the health insurer.
4. (4) Errors and omissions coverage requirements for the life and accident and health or sickness agent.

(b) Subdivision (a) shall not apply under either of the following circumstances:

1. (1) The change to the contract is mutually agreed upon by the health insurer and the life and accident and health or sickness agent.
2. (2) The change to the contract is required by state or federal law.