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28th Legislature(2013-2014)

Bill Text 28th Legislature

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).                                                 
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