00                             HOUSE BILL NO. 176                                                                          
01 "An Act relating to insurance; relating to direct health care agreements; and relating to                               
02 unfair trade practices."                                                                                                
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 21.03 is amended by adding a new section to read:                                                    
05 Sec. 21.03.025. Direct health care agreements. (a) A direct health care                                                 
06 agreement is a written health care agreement between a health care provider and a                                       
07 government entity, an individual patient, the employer of a patient, or the                                             
08 representative of a patient to provide health care services in exchange for payment of a                                
09 periodic fee. The health care provider shall disclose the services to be provided under                                 
10 the agreement to the patient and to the person paying the fee. The health care provider                                 
11 may not assess charges or receive compensation other than the periodic fee for health                                   
12 care services and additional fees specified in the agreement. However, a patient may                                    
13 submit a health care insurance claim and the health care provider may assess charges                                    
14 or receive compensation for health care services not included in the agreement. A                                       
01       direct health care agreement must                                                                                 
02                 (1)  describe the health care services to be provided by the health care                                
03       provider;                                                                                                         
04                 (2)  specify the periodic fee for the health care services and additional                               
05       fees that the health care provider may charge in addition to the periodic fee;                                    
06                 (3)  prominently state that the agreement is not health insurance and                                   
07       does not meet an individual or other health insurance mandate that may be required by                             
08       federal law; and                                                                                                  
09                 (4)  prominently state that the patient is not entitled to the protections                              
10 under AS 21.07 (Patient Protections Under Health Care Insurance Policies) or                                            
11       AS 21.36 (Trade Practices and Frauds).                                                                            
12 (b)  A direct health care agreement between a health care provider and a                                                
13 patient or the representative of a patient must allow a party to terminate the agreement                                
14 in writing after at least 30 days' notice and in accordance with the agreement. An                                      
15 agreement between a health care provider and a government entity or the employer of                                     
16 a patient may be terminated in accordance with the agreement. An agreement may                                          
17       provide for a refund, a termination penalty, or a termination fee.                                                
18 (c)  A direct health care agreement and health care services provided under a                                           
19 direct health care agreement are not subject to AS 21.07 (Patient Protections Under                                     
20 Health Care Insurance Policies) or AS 21.36 (Trade Practices and Frauds), but are                                       
21 subject to other consumer protection statutes and regulations, including AS 45.45.915.                                  
22 (d)  Offering or executing a direct health care agreement does not constitute                                           
23 engaging in the business of insurance or underwriting in this state, and, except as                                     
24 provided by this section, a direct health care agreement and health care services                                       
25 provided under a direct health care agreement are exempt from regulation by the                                         
26 division under this title. A health care provider is not a health maintenance                                           
27 organization, insurer, or insurance producer by virtue of the offering or execution of a                                
28 direct health care agreement or the provision of health care services under a direct                                    
29 health care agreement. A certificate of authority or license to market, sell, or offer to                               
30 sell a direct health care agreement or health care services under a direct health care                                  
31 agreement is not required to offer or execute a direct health care agreement or provide                                 
01       health care services under a direct health care agreement.                                                        
02            (e)  In this section,                                                                                        
03                 (1)  "health care provider" means a firm, corporation, association,                                     
04       institution, or other person licensed or otherwise authorized in this state to provide                            
05       health care services;                                                                                             
06 (2)  "health care service" means a health care service or procedure,                                                    
07 other than a health care service or procedure that is immediately necessary to prevent                                  
08 the death or serious impairment of the health of the patient, that is provided in person                                
09 or remotely by telemedicine or other means by a health care provider for the care,                                      
10 prevention, diagnosis, or treatment of a physical or mental illness, health condition,                                  
11       disease, or injury.                                                                                               
12    * Sec. 2. AS 45.45 is amended by adding a new section to read:                                                       
13 Sec. 45.45.915. Direct health care agreements. (a) A health care provider                                               
14 may not decline to enter into a direct health care agreement with a new patient or                                      
15 terminate a direct health care agreement with an existing patient solely because of the                                 
16 patient's race, religion, color, national origin, age, sex, physical or mental disability,                              
17 marital status, change in marital status, pregnancy, parenthood, or any other                                           
18 characteristic of a class of persons protected by federal or state laws that prohibit                                   
19       discrimination.                                                                                                   
20 (b)  A health care provider may decline to enter into a direct health care                                              
21 agreement with a new patient or terminate a direct health care agreement with an                                        
22 existing patient based on the patient's health status only if the health care provider is                               
23 unable to provide to the patient the level or type of care the patient requires for a                                   
24 medical condition. Before terminating a direct health care agreement with an existing                                   
25 patient, a health care provider shall ensure that the patient is transferred to a health                                
26       care provider who                                                                                                 
27                 (1)  is able to provide the level or type of care the patient requires; and                             
28 (2)  agrees to provide to the patient the level or type of care the patient                                             
29       requires.                                                                                                         
30            (c)  In this section,                                                                                        
31 (1)  "direct health care agreement" means an agreement described in                                                     
01       AS 21.03.025;                                                                                                     
02                 (2)  "health care provider" has the meaning given in AS 21.03.025.                                      
03    * Sec. 3. AS 45.50.471(b) is amended by adding a new paragraph to read:                                              
04                 (58)  violating AS 45.45.915 (direct health care agreements).