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.