Legislature(1993 - 1994)
1994-04-29 Senate Journal
Full Journal pdf1994-04-29 Senate Journal Page 4133 SB 313 SENATE BILL NO. 313 "An Act relating to the Comprehensive Health Insurance Association and to health insurance provided to residents of the state who are high risks; and providing for an effective date" was read the second time. Senator Ellis offered Amendment No. 1 : Page 1, line 2, after "risks;": Insert "relating to disability insurance coverage;" Page 1, after line 4: Insert new bill sections to read: "* Section 1. AS 21.51 is amended by adding a new section to read: Sec. 21.51.350. PROHIBITED PROVISIONS. Disability insurance issued for delivery or delivered in this state shall provide coverage without exclusion, reduction, or higher rates for preexisting conditions and the policy may not provide for cancellation of coverage due to the health of the insured or due to the claims experience of an insured. * Sec. 2. AS21.54 is amended by adding a new section to read: Sec. 21.54.035. PROHIBITED PROVISIONS. A group or blanket disability insurance policy shall provide coverage without exclusion, reduction, or higher rates for preexisting conditions, and the policy may not provide for cancellation of coverage due to the health of a member of the insured group or due to the claims experience of a member of the group." Page 1, line 5: Delete "* Section 1." Insert "* Sec. 3." Renumber the following bill sections accordingly. Page 4, after line 23: Insert a new bill section to read: "* Sec. 14. Sections 1 and 2 of this Act apply to disability insurance contracts entered into on or after the effective date of this Act." 1994-04-29 Senate Journal Page 4134 SB 313 Renumber the following bill section accordingly. Senator Ellis moved for the adoption of Amendment No. 1. Senator Taylor objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SB 313 Second Reading Amendment No. 1 YEAS: 10 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Halford, Jacko, Kerttula, Lincoln, Little, Salo, Zharoff Nays: Adams, Frank, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor and so, Amendment No. 1 failed. Senator Duncan announced a minority caucus. SB 313 Senators Rieger, Kelly offered Amendment No. 2 : Page 1, line 1, after "Act": Insert "prohibiting a civil action based on professional negligence against a health care provider by a person who on the date of the negligent act or omission is less than two years of age, unless the action is brought before the person's eighth birthday;" 1994-04-29 Senate Journal Page 4135 SB 313 Page 1, line 2, after "risks;": Insert "relating to health insurance fees, charges, premiums, rates, and rating factors; relating to disclosure of health care provider prices, a health care data system, and uniform data and procedures for health care billing and payment of claims; relating to coordination of insurance benefits and to determination and disclosure of fees paid to an insured or health care provider; establishing an advisory committee on a health care plan and an advisory committee on public health;" Page 1, after line 4: Insert new bill sections to read: "* Section 1. AS09.10 is amended by adding a new section to read: Sec. 09.10.065. LIMITATION ON ACTIONS BY CERTAIN MINORS AGAINST HEALTH CARE PROVIDERS. (a) Notwithstanding AS09.10.140, an action based on professional negligence may not be brought against a health care provider by a person who is, on the date of the alleged negligent act or omission less than two years of age, unless the action is brought before the person's eighth birthday. (b) The limitation imposed under (a) of this section is tolled during any period in which there exists (1) fraud, including fraud or collusion by a parent, guardian, insurer, or health care provider, resulting in the failure to bring an action on behalf of an injured minor; (2) intentional concealment; or (3) the undiscovered presence of a foreign body, that has no therapeutic or diagnostic purpose or effect, in the body of the injured person and the action is based on the presence of the foreign body. (c) In this section, (1) "health care provider" has the meaning given in AS21.58.400; (2) "professional negligence" means a negligent act or omission by a physician in rendering professional services; 1994-04-29 Senate Journal Page 4136 SB 313 (3) "professional services" means services provided by a health care provider that are within the scope of services for which the health care provider is licensed, and that are not prohibited under the health care provider's license or by a hospital in which the health care provider practices. * Sec. 2. AS21.51 is amended by adding a new section to read: Sec. 21.51.350. PREMIUM RATES AND RATING FACTORS. A disability insurer (1) shall file with the director rates or rating factors for disability insurance before the intended effective date of the rate or rating factor; (2) may not use a rate or rating factor that has not been filed with the director; and (3) may file a new rate or rating factor at any time." Page 1, line 5: Delete "* Section 1." Insert "* Sec. 3." Renumber the following bill sections accordingly. Page 4, after line 22: Insert new bill sections to read: "* Sec. 14. AS21 is amended by adding a new chapter to read: