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SB 299: "An Act relating to preventing unfair discrimination against a health care provider who is willing to meet a health insurer's terms and conditions for participation in the insurer's plan, policy, or contract for health care services; amending the definition of 'provider' as it relates to authorized collective negotiations by physicians affecting the rights of providers under health benefit plans; and providing for an effective date."

00 SENATE BILL NO. 299 01 "An Act relating to preventing unfair discrimination against a health care provider who 02 is willing to meet a health insurer's terms and conditions for participation in the 03 insurer's plan, policy, or contract for health care services; amending the definition of 04 'provider' as it relates to authorized collective negotiations by physicians affecting the 05 rights of providers under health benefit plans; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 21.36.090(d) is repealed and reenacted to read: 08 (d) A health insurer may not discriminate against a health care provider who is 09 located in the geographic coverage area of a health benefit plan if the health care 10 provider is willing to meet the terms and conditions for participation established by the 11 health insurer. This subsection applies to a health benefit plan that affects the rights of 12 an Alaska insured. This subsection does not affect different reimbursements to 13 different types of health care providers, nor does it affect coverage for the service of a

01 particular type of health care provider. In this subsection, 02 (1) "health benefit plan" 03 (A) means a health insurance policy or certificate, health 04 maintenance organization contract, hospital or medical service corporation 05 contract or certificate, self-insurance plan, plan provided by a multiple 06 employer welfare arrangement, or group health insurance policy to the extent 07 permitted by 29 U.S.C. 1001 - 1461 (Employee Retirement Income Security 08 Act); 09 (B) does not include insurance under AS 23.30 (Alaska 10 Workers' Compensation Act); 11 (2) "health care provider" means a state licensed, certified, or 12 otherwise authorized 13 (A) physician; 14 (B) podiatrist; 15 (C) chiropractor; 16 (D) physical therapist; 17 (E) speech pathologist; 18 (F) audiologist; 19 (G) dentist; 20 (H) optometrist; 21 (I) hospital; 22 (J) hospital-based service; 23 (K) psychologist; 24 (L) counselor; 25 (M) respiratory therapist; 26 (N) pharmacist; 27 (O) occupational therapist; 28 (P) long-term care facility; 29 (Q) home health care provider; 30 (R) hospice care provider; 31 (S) ambulatory surgery center;

01 (T) rural health clinic; 02 (U) social worker; 03 (V) psychological examiner; 04 (W) advance practice nurse; 05 (X) dietitian or nutritionist; 06 (Y) community mental health center or clinic; or 07 (Z) prosthetist; 08 (3) "health insurer" means an entity that is authorized by the state to 09 offer or provide health benefit plans, policies, subscriber contracts, or similar contracts 10 that indemnify or compensate health care providers for providing health care services. 11 * Sec. 2. AS 23.50.020(o)(2) is amended to read: 12 (2) "provider" means a state licensed physician, physician assistant, 13 dentist, osteopath, optometrist, chiropractor, nurse midwife, advanced nurse 14 practitioner, naturopath, physical therapist, occupational therapist, marital and 15 family therapist, psychologist, psychological associate, licensed clinical social 16 worker, or certified direct-entry midwife [HAS THE MEANING GIVEN IN 17 AS 21.36.090(d)]. 18 * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).