00 HOUSE BILL NO. 222 01 "An Act prohibiting discrimination by health care insurers based on genetic 02 information; requiring a health care insurer to offer coverage for the treatment of 03 alcoholism or drug abuse; providing continuity of coverage for college students during 04 medically necessary leaves of absence from college; requiring health care insurers in the 05 group market to provide parity in the application of mental health and substance abuse 06 benefits that comply with federal requirements; amending the definition of 'dentist' to 07 include out-of-state dentists for purposes of certain dental insurance requirements; and 08 providing for an effective date." 09 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 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 12 insurer that offers a health care insurance plan in the individual market shall comply 01 with the genetic information nondiscrimination requirements established under 42 02 U.S.C. 300gg-53. 03 (b) A health care insurer that offers a health care insurance plan in the group 04 market shall comply with the genetic information nondiscrimination requirements 05 established under 42 U.S.C. 300gg-1(b)(3), 42 U.S.C. 300gg-1(c) - (f), and 42 U.S.C. 06 300gg-91. 07 (c) In this section, 08 (1) "group market" has the meaning given in AS 21.54.500; 09 (2) "health care insurance plan" has the meaning given in 10 AS 21.54.500; 11 (3) "health care insurer" has the meaning given in AS 21.54.500; 12 (4) "individual market" has the meaning given in AS 21.51.500. 13  * Sec. 2. AS 21.42.365 is repealed and reenacted to read: 14 Sec. 21.42.365. Coverage for treatment of alcoholism or drug abuse. (a) 15 Except for a fraternal benefit society, a health care insurer that offers, issues for 16 delivery, delivers, or renews in this state a health care insurance plan providing 17 coverage for five or more employees of an employer in the group market shall offer a 18 covered employee or the employee's dependent coverage for the treatment of 19 alcoholism or drug abuse. 20 (b) In this section, "alcoholism or drug abuse" means an illness characterized 21 by 22 (1) a physiological or psychological dependency, or both, on alcoholic 23 beverages or controlled substances as defined in AS 11.71.900; or 24 (2) habitual lack of self-control in using alcoholic beverages or 25 controlled substances to the extent that the person's health is substantially impaired or 26 the person's social or economic function is substantially disrupted. 27  * Sec. 3. AS 21.42.392(g)(2) is amended to read: 28 (2) "dentist" means a person licensed [IN THIS STATE] to practice 29 dentistry; 30  * Sec. 4. AS 21.42 is amended by adding a new section to read: 31 Sec. 21.42.410. Coverage of dependent students on medically necessary  01 leave of absence. A health care insurer that offers a health care insurance plan in the 02 individual or group market shall comply with the coverage requirements for dependent 03 students on medically necessary leaves of absence under 42 U.S.C. 300gg-54. 04  * Sec. 5. AS 21.54 is amended by adding a new section to read: 05 Sec. 21.54.105. Special enrollment requirements related to Medicaid and  06 state child health plan coverage. A health care insurer that offers, issues, delivers, or 07 renews a health care insurance plan in the group market shall allow an eligible 08 employee or dependent of an employee to enroll for coverage under the terms of the 09 plan if the employee or dependent 10 (1) is covered by Medicaid under 42 U.S.C. 1396 - 1396u (Title XIX 11 of the Social Security Act) or under a state child health plan under 42 U.S.C. 1397aa - 12 1397mm (Title XXI of the Social Security Act), coverage is terminated because of 13 loss of eligibility, and the employee requests coverage under the health care insurance 14 plan not later than 60 days after the date of termination; or 15 (2) becomes eligible for assistance under Medicaid under 42 U.S.C. 16 1396 - 1396u (Title XIX of the Social Security Act) or under a state child health plan 17 under 42 U.S.C. 1397aa - 1397mm (Title XXI of the Social Security Act), with respect 18 to coverage under a health care insurance plan, including under any waiver or 19 demonstration project conducted under or in relation to the Medicaid or state child 20 health plan, and the employee requests coverage under the health care insurance plan 21 not later than 60 days after the date the employee or dependent is determined to be 22 eligible for assistance. 23  * Sec. 6. AS 21.54.151 is repealed and reenacted to read: 24 Sec. 21.54.151. Mental health or substance use disorder benefits. A health 25 care insurer that offers a health care insurance plan in the group market shall comply 26 with the mental health or substance use disorder benefit requirements established 27 under 42 U.S.C. 300gg-5. 28  * Sec. 7. AS 21.36.093, enacted by sec. 1 of this Act, takes effect May 21, 2009. 29  * Sec. 8. AS 21.42.410, enacted by sec. 4 of this Act, and AS 21.54.151, as repealed and 30 reenacted by sec. 6 of this Act, take effect October 3, 2009.