00HOUSE BILL NO. 241                                                                                                      
01 "An Act relating to workers' compensation; and providing for an effective date."                                        
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 23.30 is amended by adding a new section to read:                                                   
04  Sec. 23.30.047.  BENEFITS FOR HEALTH INSURANCE.  (a)  An employer                                                     
05 who pays compensation under AS 23.30.041(k), 23.30.180, 23.30.185, 23.30.190,                                           
06 23.30.200, or 23.30.215, and who provided health insurance to the employee at the                                       
07 date of injury, shall also reimburse the employee for health insurance coverage for the                                 
08 employee and covered dependents or in the case of compensation paid under                                               
09 AS 23.30.215 for health insurance coverage for the surviving spouse and dependent                                       
10 child, as provided in this section.                                                                                     
11  (b)  Payment required under this section is equal to the employer's current                                           
12 contribution for health insurance or the amount paid by the employee, surviving                                         
13 spouse, or dependent child for replacement coverage, whichever amount is less.                                          
14 Payment required under this section commences when the employee's health insurance                                      

01 provided by the employer's contribution ceases and shall continue until the employee,                                   
02 surviving spouse, or dependent child is no longer receiving compensation described in                                   
03 (a) of this section, or for 12 months, whichever period is shorter.                                                     
04  (c)  Payment is not required under this section until the employee, surviving                                         
05 spouse, or dependent child provides proof of health insurance coverage.  In this                                        
06 subsection, "health insurance" includes                                                                                 
07   (1)  an individual policy of health insurance; or                                                                    
08   (2)  a notice of self-payment for continuance of coverage required under                                             
09 29 U.S.C. 1161 (Consolidated Omnibus Budget Reconciliation Act of 1985) or under                                        
10 a union health or welfare trust agreement.                                                                              
11  (d)  If benefits required under this section are not paid within 30 days after the                                    
12 employer receives a request for payment, the employer shall pay a penalty equal to 25                                   
13 percent of the amount due.                                                                                              
14    * Sec. 2.  AS 23.30 is amended by adding a new section to read:                                                      
15  Sec. 23.30.263.  IMMUNITY FROM CIVIL LIABILITY FOR WORKPLACE                                                          
16 SAFETY INSPECTIONS.  An employer's safety inspector is not liable for civil                                             
17 damages for an injury to an employee of that employer resulting from an act or                                          
18 omission in performing or failing to perform a loss control service, a workplace safety                                 
19 inspection, or a safety advisory service provided in connection with an employer's                                      
20 workers' compensation insurance coverage, unless the act or failure to act constitutes                                  
21 intentional misconduct.  In this section, "safety inspector" means a carrier and an                                     
22 employee or agent of the carrier, a trade association of which the employer is a                                        
23 member, or a person providing adjusting or inspection services to an employer who                                       
24 is a member of an association established under AS 21.76.010 or an employer who is                                      
25 self-insured under AS 23.30.090.                                                                                        
26    * Sec. 3.  This Act takes effect immediately under AS 01.10.070(c).