00 Enrolled SB 159 01 Relating to air ambulance service providers, air ambulance membership agreements, and 02 regulation of air ambulance service providers and air ambulance membership agreements by 03 the division of insurance; and providing for an effective date. 04 _______________ 05 * Section 1. AS 18.08 is amended by adding a new section to read: 06 Sec. 18.08.095. Air ambulance service. An air ambulance service provider 07 that provides air ambulance services to an individual covered under an air ambulance 08 membership agreement with the provider may not deny emergency medical services to 09 any person on the basis that the person is not covered under an air ambulance 10 membership agreement. In this section, "air ambulance membership agreement" and 11 "air ambulance service provider" have the meanings given in AS 21.61.110. 12 * Sec. 2. AS 21 is amended by adding a new chapter to read: 13 Chapter 61. Air Ambulance Membership Agreements. 01 Sec. 21.61.100. Air ambulance membership agreement. (a) An air 02 ambulance service provider that meets the requirements of AS 21.61.105 may offer an 03 air ambulance membership agreement. 04 (b) The term of an air ambulance membership agreement may not exceed one 05 year, but may be renewed annually. 06 (c) An air ambulance membership agreement may not include a provision that 07 requires an air ambulance service provider to pay for or indemnify a person for 08 services provided by a third party, including a third party that is another air ambulance 09 service provider. 10 Sec. 21.61.105. Registration of air ambulance service providers. (a) An air 11 ambulance service provider that offers an air ambulance membership agreement shall 12 register biennially with the director on a form prescribed by the director. 13 (b) At the time of registration, an air ambulance service provider shall supply 14 the director with evidence that the air ambulance service provider 15 (1) has been certified as meeting the minimum standards prescribed by 16 the Department of Health and Social Services under AS 18.08.082(a)(3); and 17 (2) has been in operation in the state for at least two years, or meets 18 solvency requirements established by the director in regulation. 19 Sec. 21.61.106. Other provisions applicable. (a) In addition to the provisions 20 of this chapter, the following provisions of this title apply to air ambulance service 21 providers and air ambulance membership agreements to the extent applicable and not 22 in conflict with the express provisions of this chapter and the reasonable implications 23 of the express provisions: 24 (1) AS 21.36; 25 (2) AS 21.42. 26 (b) When applying the provisions listed in (a) of this section, the director shall 27 treat an air ambulance service provider as an insurer and an air ambulance 28 membership agreement as an excepted benefits insurance policy under AS 21.54.160. 29 (c) Except as provided in this section, an air ambulance service provider or an 30 air ambulance membership agreement that complies with this chapter is not otherwise 31 subject to this title. 01 Sec. 21.61.109. Regulations. The director may adopt regulations to implement 02 this chapter. 03 Sec. 21.61.110. Definitions. In AS 21.61.100 - 21.61.110, 04 (1) "air ambulance" means a publicly or privately owned aircraft 05 intended to be used and maintained or operated to provide critical care ambulance 06 services, air medevacs, and medevac services for the transportation of individuals who 07 are sick, injured, wounded, or otherwise helpless; 08 (2) "air ambulance membership agreement" means an agreement in 09 exchange for consideration, to pay for, indemnify, or provide an amount or benefit to a 10 person for the cost of air ambulance services; 11 (3) "air ambulance service provider" means a person that owns or 12 operates an air ambulance; 13 (4) "consideration" means a membership fee, receipt of insurance 14 proceeds, performance of a service, waiver of a right, or anything of value. 15 * Sec. 3. AS 21.87.010(b)(5) is repealed. 16 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).