Enrolled HB 222: An Act prohibiting discrimination by health care insurers based on genetic information; providing special enrollment requirements related to Medicaid and state child health plan coverage; requiring a health care insurer to offer coverage for the treatment of alcoholism or drug abuse; providing continuity of coverage for college students during medically necessary leaves of absence from college; requiring health care insurers in the group market to provide parity in the application of mental health and substance abuse benefits that comply with federal requirements; amending the definition of "dentist" to include out-of-state dentists for purposes of certain dental insurance requirements; and providing for an effective date.
00Enrolled HB 222 01 An Act prohibiting discrimination by health care insurers based on genetic information; 02 providing special enrollment requirements related to Medicaid and state child health plan 03 coverage; requiring a health care insurer to offer coverage for the treatment of alcoholism or 04 drug abuse; providing continuity of coverage for college students during medically necessary 05 leaves of absence from college; requiring health care insurers in the group market to provide 06 parity in the application of mental health and substance abuse benefits that comply with 07 federal requirements; amending the definition of "dentist" to include out-of-state dentists for 08 purposes of certain dental insurance requirements; and providing for an effective date. 09 _______________ 10 * Section 1. AS 21.36 is amended by adding a new section to read: 11 Sec. 21.36.093. Genetic information nondiscrimination. (a) A health care
01 insurer that offers a health care insurance plan in the individual market shall comply 02 with the genetic information nondiscrimination requirements established under 42 03 U.S.C. 300gg-53. 04 (b) A health care insurer that offers a health care insurance plan in the group 05 market shall comply with the genetic information nondiscrimination requirements 06 established under 42 U.S.C. 300gg-1(b)(3), 42 U.S.C. 300gg-1(c) - (f), and 42 U.S.C. 07 300gg-91. 08 (c) In this section, 09 (1) "group market" has the meaning given in AS 21.54.500; 10 (2) "health care insurance plan" has the meaning given in 11 AS 21.54.500; 12 (3) "health care insurer" has the meaning given in AS 21.54.500; 13 (4) "individual market" has the meaning given in AS 21.51.500. 14 * Sec. 2. AS 21.42.365 is repealed and reenacted to read: 15 Sec. 21.42.365. Coverage for treatment of alcoholism or drug abuse. (a) 16 Except for a fraternal benefit society, a health care insurer that offers, issues for 17 delivery, delivers, or renews in this state a health care insurance plan providing 18 coverage for five or more employees of an employer in the group market shall offer a 19 covered employee or the employee's dependent coverage for the treatment of 20 alcoholism or drug abuse. 21 (b) In this section, "alcoholism or drug abuse" means an illness characterized 22 by 23 (1) a physiological or psychological dependency, or both, on alcoholic 24 beverages or controlled substances as defined in AS 11.71.900; or 25 (2) habitual lack of self-control in using alcoholic beverages or 26 controlled substances to the extent that the person's health is substantially impaired or 27 the person's social or economic function is substantially disrupted. 28 * Sec. 3. AS 21.42.392(g)(2) is amended to read: 29 (2) "dentist" means a person licensed [IN THIS STATE] to practice 30 dentistry; 31 * Sec. 4. AS 21.42 is amended by adding a new section to read:
01 Sec. 21.42.410. Coverage of dependent students on medically necessary 02 leaves of absence. A health care insurer that offers a health care insurance plan in the 03 individual or group market shall comply with the coverage requirements for dependent 04 students on medically necessary leaves of absence under 42 U.S.C. 300gg-54. 05 * Sec. 5. AS 21.54 is amended by adding a new section to read: 06 Sec. 21.54.105. Special enrollment requirements related to Medicaid and 07 state child health plan coverage. A health care insurer that offers, issues, delivers, or 08 renews a health care insurance plan in the group market shall allow an eligible 09 employee or dependent of an employee to enroll for coverage under the terms of the 10 plan if the employee or dependent 11 (1) is covered by Medicaid under 42 U.S.C. 1396 - 1396u (Title XIX 12 of the Social Security Act) or under a state child health plan under 42 U.S.C. 1397aa - 13 1397mm (Title XXI of the Social Security Act), coverage is terminated because of 14 loss of eligibility, and the employee requests coverage under the health care insurance 15 plan not later than 60 days after the date of termination; or 16 (2) becomes eligible for assistance under Medicaid under 42 U.S.C. 17 1396 - 1396u (Title XIX of the Social Security Act) or under a state child health plan 18 under 42 U.S.C. 1397aa - 1397mm (Title XXI of the Social Security Act), with respect 19 to coverage under a health care insurance plan, including under any waiver or 20 demonstration project conducted under or in relation to the Medicaid or state child 21 health plan, and the employee requests coverage under the health care insurance plan 22 not later than 60 days after the date the employee or dependent is determined to be 23 eligible for assistance. 24 * Sec. 6. AS 21.54.151 is repealed and reenacted to read: 25 Sec. 21.54.151. Mental health or substance use disorder benefits. A health 26 care insurer that offers a health care insurance plan in the group market shall comply 27 with the mental health or substance use disorder benefit requirements established 28 under 42 U.S.C. 300gg-5. 29 * Sec. 7. AS 21.36.093, enacted by sec. 1 of this Act, takes effect May 21, 2009. 30 * Sec. 8. AS 21.42.410, enacted by sec. 4 of this Act, and AS 21.54.151, as repealed and 31 reenacted by sec. 6 of this Act, take effect October 3, 2009.