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Enrolled HB 195: Relating to the state health insurance plan; and providing for an effective date.

00Enrolled HB 195 01 Relating to the state health insurance plan; and providing for an effective date. 02 _______________ 03 * Section 1. AS 21.55.130 is amended by adding a new subsection to read: 04 (e) A state plan issued to a qualified TAA eligible individual may not impose 05 a preexisting condition exclusion. 06 * Sec. 2. AS 21.55.150(c) is amended to read: 07 (c) The board shall determine standard risk premium rates by considering the 08 premium rates charged by members of the association offering, to residents of the 09 state, health insurance benefits substantially equivalent to benefits under the state plan. 10 The premium for a state plan may not exceed 150 [200] percent of the standard risk 11 premium rates determined by the board. 12 * Sec. 3. AS 21.55.300(a) is amended to read: 13 (a) Except as provided in this section, a state resident who is a high risk, a 14 TAA eligible individual, or a federally defined eligible individual is eligible to enroll 15 in a state plan described in AS 21.55.100.

01 * Sec. 4. AS 21.55.300(b) is amended to read: 02 (b) Except for a federally defined eligible individual or TAA eligible 03 individual, a person may not be covered by the state plan 04 (1) while covered by another health insurance policy or subscriber 05 contract; or 06 (2) if the person is eligible to be covered 07 (A) by a plan subject to the requirements of AS 21.56.110 - 08 21.56.250; 09 (B) under another state or federal law, including veterans' 10 benefits, Native health care, or Medicaid, but not including Medicare; or 11 (C) under another health benefit program, including self- 12 insurance plan, health care trust, or welfare trust. 13 * Sec. 5. AS 21.55.320 is amended to read: 14 Sec. 21.55.320. Plan administrator's response. Within 30 days after 15 receiving the application described in AS 21.55.310, the plan administrator shall 16 (1) provide the applicant with either a notice of rejection [EITHER 17 REJECT THE APPLICATION] for failing to comply with the requirements of 18 AS 21.55.300 and 21.55.310 or [FORWARD THE ELIGIBLE PERSON] a notice of 19 acceptance; and 20 (2) for a TAA eligible individual, send a notice to the director 21 specifying the name, address, social security number, and effective date of 22 coverage. 23 * Sec. 6. AS 21.55.500(18) is amended to read: 24 (18) "resident" means (A) except for a federally defined eligible 25 individual or TAA eligible individual [AND AN INDIVIDUAL WHO IS ABSENT 26 FROM THE STATE FOR MORE THAN 90 CONSECUTIVE DAYS FOR 27 REASONS OTHER THAN FOR MEDICAL TREATMENT OR EDUCATION], an 28 individual who (i) is physically present in the state, has lived in the state for at least 29 the 12 consecutive months immediately preceding the application for a state plan, and 30 intends to remain permanently in the state; or (ii) is not physically present in the state 31 if the person lived in the state for at least nine of the 12 months immediately preceding

01 application for a state plan and the person's absence from the state is for medical 02 treatment or education; or (B) for a federally defined eligible individual or TAA 03 eligible individual, an individual who is legally domiciled in this state; "resident" 04 does not include an individual who is absent from the state for more than 90 05 consecutive days for reasons other than for medical treatment or education; 06 * Sec. 7. AS 21.55.500 is amended by adding new paragraphs to read: 07 (23) "qualified TAA eligible individual" means a qualifying individual 08 as defined under 26 U.S.C. 35 (Internal Revenue Code, as enacted by sec. 201(a) of 09 the Trade Adjustment Assistance Reform Act of 2002); 10 (24) "TAA eligible individual" means an eligible individual or a 11 qualifying family member as defined under 26 U.S.C. 35 (Internal Revenue Code, as 12 enacted by sec. 201(a) of the Trade Adjustment Assistance Reform Act of 2002). 13 * Sec. 8. AS 21.55.140(b) is repealed. 14 * Sec. 9. This Act takes effect July 1, 2003.