Legislature(2025 - 2026)BARNES 124

03/26/2025 03:15 PM House LABOR & COMMERCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 132 LOANS UNDER $25,000; PAYDAY LOANS TELECONFERENCED
Moved CSHB 132(L&C) Out of Committee
-- Public Testimony --
+ HB 50 SNOW CLASSICS TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
*+ HB 148 OMNIBUS INSURANCE BILL TELECONFERENCED
Heard & Held
*+ HB 149 PHARMACY BENEFITS MANAGER;3RD PARTY ADMIN TELECONFERENCED
<Bill Hearing Canceled>
+ Bills Previously Heard/Scheduled TELECONFERENCED
**Streamed live on AKL.tv**
                 HB 148-OMNIBUS INSURANCE BILL                                                                              
                                                                                                                                
4:07:49 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  HALL  announced that the final order  of business would                                                               
be  HOUSE  BILL NO.  148,  "An  Act  relating to  insurance;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
4:08:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ZACK  FIELDS, Alaska  State Legislature,  as prime                                                               
sponsor, presented HB 148 to the committee.                                                                                     
                                                                                                                                
4:08:48 PM                                                                                                                    
                                                                                                                                
HEATHER  CARPENTER,  Deputy   Director,  Division  of  Insurance,                                                               
Department   of  Commerce,   Community  &   Economic  Development                                                               
(DCCED),  She reported  that  the last  insurance  bill was  done                                                               
around 10  years ago.  Further,  she stated that the  Division of                                                               
Insurance  is  always looking  at  modernization.   Further,  she                                                               
referenced a document titled "Common Insurance Terms related to                                                               
HB 148," which read as follows [original punctuation provided]:                                                               
                                                                                                                                
     Adjuster  -  a  person   who  investigates  claims  and                                                                    
     recommends  settlement options  based  on estimates  of                                                                    
     damage and insurance policies held.                                                                                        
                                                                                                                                
     Admitted Company - an insurance  company licensed to do                                                                    
     business  in a  state(s), domiciled  in an  alternative                                                                    
     state or country.                                                                                                          
                                                                                                                                
     Annuity - See AS 21.12.055                                                                                                 
     Sec. 21.12.055 Annuities and annuity contract defined.                                                                     
     Annuities  means  all  agreements  to  make  periodical                                                                    
     payments if  the making or  continuance of all  or some                                                                    
     of a series  of payments or the amount of  a payment is                                                                    
     dependent upon  the continuance  of human  life, except                                                                    
     payments  made  under  AS 21.12.040.  The  business  of                                                                    
     annuities is considered  to include additional benefits                                                                    
     operating to  safeguard the contract from  lapse, or to                                                                    
     provide a special surrender  value, or special benefit,                                                                    
     or annuity,  in the  event of  the total  and permanent                                                                    
     disability of the holder.                                                                                                  
                                                                                                                                
     Authorized insurer - See AS 21.97.900(6)                                                                                   
     (6)  "authorized insurer"  means an  insurer authorized                                                                    
     by a  certificate of authority  issued by  the director                                                                    
     to transact insurance in this state;                                                                                       
                                                                                                                                
     Benefit-level  exception   -  means  an   exception  to                                                                    
     medical  care  coverage  where a  health  care  insurer                                                                    
     applies network health care  benefit levels to services                                                                    
     received  from an  out-of-network health  care provider                                                                    
     or facility.                                                                                                               
                                                                                                                                
     Casualty  coverage  -  a form  of  insurance  providing                                                                    
     coverage  for loss,  damage,  and liability,  including                                                                    
     but  limited  to  workers compensation  and  employer's                                                                    
     liability, legal liability,  burglary and theft, errors                                                                    
     and omissions, fidelity,  crime, glass, boiler, various                                                                    
     malpractice coverages.  See also AS  21.12.070 Casualty                                                                    
     insurance defined.                                                                                                         
                                                                                                                                
     Copay  - a  cost sharing  mechanism in  group insurance                                                                    
     plans where the insured  pays a specified dollar amount                                                                    
     of incurred  medical expenses and the  insurer pays the                                                                    
     remainder.                                                                                                                 
                                                                                                                                
     Covered  person  -  means a  policyholder,  subscriber,                                                                    
     enrollee,  or  other  individual  participating  in  an                                                                    
     insurance policy.                                                                                                          
                                                                                                                                
     Credit  for   reinsurance  -  refers  to   a  statutory                                                                    
     accounting  procedure  that  allows  a  ceding  company                                                                    
     (insurer)  to  treat  amounts due  from  reinsurers  as                                                                    
     assets or reductions from liabilities.                                                                                     
                                                                                                                                
     Deductible -  portion of the insured  loss (in dollars)                                                                    
     paid  by the  policy holder  before the  insurer starts                                                                    
     covering costs.                                                                                                            
     Depreciation of labor  - the reduction in  the value of                                                                    
     labor costs,  similar to  how materials  depreciate due                                                                    
     to age, wear, and tear.                                                                                                    
                                                                                                                                
     Direct Written Premium - total  premiums received by an                                                                    
     insurance  company  without  any  adjustments  for  the                                                                    
     ceding  of  any  portion  of   these  premiums  to  the                                                                    
     reinsurer.                                                                                                                 
                                                                                                                                
     Disability  income -  a policy  designed to  compensate                                                                    
     insured individuals  for a portion  of the  income they                                                                    
     lose because of a disabling injury or illness.                                                                             
                                                                                                                                
MS. CARPENTER began  with Section 1, stating that  the intent was                                                               
to  "take   into  account  life   insurance  products   as  being                                                               
vulnerable  to  prosecution  avoidance  under  the  general  time                                                               
limitation statute.   The longevity  of life products  makes them                                                               
unique from  other insurance products  since they're  not subject                                                               
to yearly  renewal.   Since life products  can remain  active for                                                               
decades, crimes like theft, forgery,  and misapplication of funds                                                               
may  remain  undetected  passed   the  statute  of  general  time                                                               
limitation. She  further explained that, upon  investigation, the                                                               
Division  of   Insurance  found  that  many   individuals,  often                                                               
elderly,  did not  discover crimes  committed  against them  with                                                               
regards to  life insurance  products until 10  to 15  years after                                                               
the incident.                                                                                                                   
                                                                                                                                
CO-CHAIR  HALL, in  response to  a  question from  Representative                                                               
Coulombe, confirmed that they would  be reviewing all sections of                                                               
the proposed legislation.                                                                                                       
                                                                                                                                
4:11:45 PM                                                                                                                    
                                                                                                                                
MS. CARPENTER moved to Section  2, explaining that it would amend                                                               
the   Health    Maintenance   Organizations    (HMOs),   aligning                                                               
requirements for  access to out-of-network coverage.   She stated                                                               
that Section 3 would add  consumer protection to health insurance                                                               
by requiring insurers to provide  details on prior authorization,                                                               
so  as to  ensure that  consumers are  paying in-network  and not                                                               
out-of-network.     She  further  noted  that   the  Division  of                                                               
Insurance  had   received  complaints  about  a   lack  of  clear                                                               
guidance.   She moved  to Section  4, stating  that it  worked in                                                               
conjunction with Section 5 to  allow the director to grant filing                                                               
delays and exemptions to insurers for any requirement.                                                                          
                                                                                                                                
MS.  CARPENTER moved  to  Section 6,  which  she explained  would                                                               
change the  premium base  for how  wet marine  and transportation                                                               
are taxed.                                                                                                                      
                                                                                                                                
MS.  CARPENTER, in  response to  a questions  from Representative                                                               
Saddler and Representative Coulombe,  stated that Section 6 would                                                               
create increases to a currently existing tax.                                                                                   
                                                                                                                                
4:14:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   BURKE  queried   the  reason   wet  marine   and                                                               
transportation were originally exempted from tax.                                                                               
                                                                                                                                
MS. CARPENTER  responded that a lot  of laws & code  were old and                                                               
modernization  and "treating  everybody the  same" were  part the                                                               
rationale.                                                                                                                      
                                                                                                                                
4:15:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE COULOMBE  shared concerns about raising  taxes and                                                               
requested more background information.                                                                                          
                                                                                                                                
MS.  CARPENTER  stated that  she  would  provide more  background                                                               
information later on the tax provisions.                                                                                        
                                                                                                                                
4:15:51 PM                                                                                                                    
                                                                                                                                
MS. CARPENTER  stated that Section 7  concerned coordination with                                                               
the Department  of Health (DOH).   She  explained that, due  to a                                                               
change in federal law in  2022, insurers were required to respond                                                               
to DOH  regarding healthcare  claims within 60  days and  "not to                                                               
deny  claims solely  because a  consumer didn't  receive a  prior                                                               
authorization."  She further explained  that changes in Section 7                                                               
were requested by DOH.                                                                                                          
                                                                                                                                
4:16:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE COULOMBE  asked if the proposed  legislation would                                                               
remove prior authorization for only  Medicaid plans or all health                                                               
insurance services in the state.                                                                                                
                                                                                                                                
MS.  CARPENTER  answered  that  the  proposed  legislation  would                                                               
change how prior authorization it performed.                                                                                    
                                                                                                                                
4:17:05 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS  said that the  committee would soon hear  a bill                                                               
with regard to prior authorization.                                                                                             
                                                                                                                                
4:17:20 PM                                                                                                                    
                                                                                                                                
MS. CARPENTER moved to Section 8,  noting that it was a technical                                                               
amendment changing the word "shall" to "may."                                                                                   
                                                                                                                                
REPRESENTATIVE COULOMBE  asked about  the difference  in language                                                               
between "shall" and "may."                                                                                                      
                                                                                                                                
MS.  CARPENTER confirmed  that  the change  was  from "shall"  to                                                               
"may" and  stated that the  change was  made to align  with model                                                               
laws in order  to be accredited.  She further  explained that DOI                                                               
goes through financial accreditation every five years.                                                                          
                                                                                                                                
4:19:07 PM                                                                                                                    
                                                                                                                                
MS.  CARPENTER quickly  detailed sections  9, 10,  and 11  of the                                                               
sectional analysis to HB 148.                                                                                                   
                                                                                                                                
4:20:23 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FIELDS asked  how HB  148 would  affect the  ability of                                                               
insurance companies to surveil Alaskans.                                                                                        
                                                                                                                                
MS.  CARPENTER spoke  to existing  consumer  protection laws  and                                                               
offered Ms. Wingheier to answer the question.                                                                                   
                                                                                                                                
4:23:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  asked Ms. Carpenter to  detail section 17                                                               
of the Sectional analysis for HB 148.                                                                                           
                                                                                                                                
MS. CARPENTER  explained that section  17 would adopt  updates to                                                               
the independent adjuster guidelines.                                                                                            
                                                                                                                                
4:25:01 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS  said that the  intent of the hearing  before the                                                               
committee was  to get an  initial idea of  what it was  trying to                                                               
accomplish.                                                                                                                     
                                                                                                                                
4:25:27 PM                                                                                                                    
                                                                                                                                
MS.  CARPENTER continued  reading the  sectional analysis  for HB
148 on Section 18.                                                                                                              
                                                                                                                                
4:26:18 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FIELDS asked  what factors  might lead  an adjuster  to                                                               
designate Alaska as a person's home state.                                                                                      
                                                                                                                                
4:26:36 PM                                                                                                                    
                                                                                                                                
MS. CARPENTER said that insurance  was currently regulated at the                                                               
state  level, which  created a  loophole for  insurance companies                                                               
that the proposed legislation was aiming to solve.                                                                              
                                                                                                                                
4:28:04 PM                                                                                                                    
                                                                                                                                
MS.  CARPENTER continued  reading the  sectional analysis  for HB
148 on sections 20-22 and detailed sections 25-34.                                                                              
                                                                                                                                
4:36:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SADDLER    asked   what   the    definition   of                                                               
"depreciation of labor" was.                                                                                                    
                                                                                                                                
4:36:58 PM                                                                                                                    
                                                                                                                                
MS. CARPENTER  noted that herself  and Lori Wingheier  would make                                                               
themselves   available  to   committee   members  following   the                                                               
committee  meeting to  answer questions.   She  continued reading                                                               
the sectional analysis for HB 148 on section 35.                                                                                
                                                                                                                                
4:37:31 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS asked for any  context of national best practices                                                               
with regard to notices.                                                                                                         
                                                                                                                                
MS. CARPENTER explained that the  coming sections of HB 148 would                                                               
concern notice for property and casualty insurance claims.                                                                      
                                                                                                                                
4:39:18 PM                                                                                                                    
                                                                                                                                
MS. CARPENTER resumed her presentation  of the sectional analysis                                                               
to HB 148 on  section 36.  She read from  sections 39-41 and read                                                               
section 43 and 44 of the document.                                                                                              
                                                                                                                                
4:44:34 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS  shared his understanding  that section  44 would                                                               
result in small businesses paying less money.                                                                                   
                                                                                                                                
4:44:55 PM                                                                                                                    
                                                                                                                                
MS. CARPENTER  confirmed Representative Fields  understanding was                                                               
correct and continued  to read the sectional analysis  for HB 148                                                               
on sections 45-46.                                                                                                              
                                                                                                                                
4:45:23 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FIELDS  asked if the  DCBPL had reviewed  best practices                                                               
from around the country regarding cancer screening.                                                                             
                                                                                                                                
MS. CARPENTER  said that  the DCBPL  was constantly  tracking the                                                               
information   that  Representative   Fields  had   requested  and                                                               
continued reading the sectional analysis  on sections 47-51.  She                                                               
read  through  sections 56-58  of  the  document and  noted  that                                                               
section  62   concerned  consumer  complaint   filings  regarding                                                               
aircraft companies.                                                                                                             
                                                                                                                                
4:53:40 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FIELDS  shared  his  appreciation  for  the  discussion                                                               
surrounding controlled insurance programs  in the state and asked                                                               
about the variables to consider "now."                                                                                          
                                                                                                                                
MS. CARPENTER  answered that there was  discussion concerning the                                                               
reduction of the  current statutory spending limit  and said that                                                               
she was unsure of any uniform spending limit.                                                                                   
                                                                                                                                
4:55:54 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  HALL  thanked  the   invited  testifier  and  delivered                                                               
committee announcements.                                                                                                        
                                                                                                                                
[HB 148 was held over.]                                                                                                         

Document Name Date/Time Subjects
HB 50 Sponsor Statement 3.19.2025.pdf HL&C 3/26/2025 3:15:00 PM
HB 50
HB 50 Sectional Analysis, Version A 3.19.2025.pdf HL&C 3/26/2025 3:15:00 PM
HB 50
HB 50, version A.pdf HL&C 3/26/2025 3:15:00 PM
HB 50
HB 50 Haines Huts and Trailes Letter of Support 3.10.25.pdf HL&C 3/26/2025 3:15:00 PM
SCRA 4/22/2025 1:30:00 PM
SCRA 5/6/2025 1:30:00 PM
SL&C 3/2/2026 1:30:00 PM
HB 50
HB 50 Juneau Nordic Ski Club Letter of Support 2.12.25.pdf HL&C 3/26/2025 3:15:00 PM
SCRA 5/6/2025 1:30:00 PM
HB 50
HB 50 Supporting Document-Alaska DOR Tax Division 2023 Charitable Gaming Annual Report 3.19.2025.pdf HL&C 3/26/2025 3:15:00 PM
SL&C 3/2/2026 1:30:00 PM
HB 50
HB0148A.pdf HL&C 3/26/2025 3:15:00 PM
HL&C 4/23/2025 9:00:00 AM
HB 148
HB148 - Insurance Terms Reference.pdf HL&C 3/26/2025 3:15:00 PM
HL&C 4/23/2025 9:00:00 AM
HB 148
HB 132 Amendment N.2.pdf HL&C 3/26/2025 3:15:00 PM
HB 132
HB 132 Amendment N.3.pdf HL&C 3/26/2025 3:15:00 PM
HB 132
HB 148 - Sponsor Statement Ver A.pdf HL&C 3/26/2025 3:15:00 PM
HB 148
HB 148 - Sectional Analysis Ver A.pdf HL&C 3/26/2025 3:15:00 PM
HL&C 4/23/2025 9:00:00 AM
HB 148