HB 159: "An Act exempting certain health care agreements from regulation as insurance."
00 HOUSE BILL NO. 159 01 "An Act exempting certain health care agreements from regulation as insurance." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 21.03.021 is amended by adding new subsections to read: 04 (k) Notwithstanding another provision of this title to the contrary, this title 05 does not apply to the solicitation, negotiation, formation, terms, or other action or 06 matter relating to an agreement that 07 (1) is a contract between a health care provider and an individual 08 patient or the patient's representative in which the health care provider agrees to 09 provide routine health care services to the individual patient for a fee during a specific 10 period; 11 (2) is in writing; 12 (3) is signed by the health care provider or the agent of the health care 13 provider and by the individual patient or the representative of the individual patient; 14 (4) allows the health care provider or the individual patient to terminate 15 the agreement by giving written notice to the other party to the agreement;
01 (5) describes the specific routine health care services that the agreement 02 covers; 03 (6) specifies the fee to be paid by the individual patient under the 04 agreement; 05 (7) specifies the period during which the agreement applies; 06 (8) prominently states in writing that the agreement is not health 07 insurance; and 08 (9) prohibits the health care provider, but not the individual patient, 09 from billing an insurer or other person for the services provided under the agreement. 10 (l) In (k) of this section, 11 (1) "health care" means care, treatment, service, or procedure to 12 maintain, diagnose, detect, manage, or promote an individual's physical or mental 13 condition; 14 (2) "health care provider" means a person who is licensed, registered, 15 or otherwise authorized under AS 08 to provide health care services or an individual 16 who is an employee of the person and acting within the course and scope of 17 employment; 18 (3) "routine health care services" includes 19 (A) screening, assessment, diagnosis, and treatment for the 20 purpose of promoting health or the detection and management of disease or 21 injury; 22 (B) the dispensing of medical supplies and prescription drugs 23 from a health care provider's office or facility; 24 (C) laboratory work, including routine blood screening or 25 routine pathology screening, performed by a laboratory that 26 (i) is associated with the health care provider that is a 27 party to the agreement described in (k) of this section; or 28 (ii) if not associated with the health care provider that is 29 a party to the agreement described in (k) of this section, has entered 30 into an agreement with the health care provider that is a party to the 31 agreement described in (k) of this section to provide the laboratory
01 work without charging a fee to the patient for the laboratory work.