Title 21 — Insurance
53 chapters · 1,244 sections in this title.
AS 21.55.120 Deductibles and copayments.
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(a) A state plan other than a Medicare supplement plan may require a deductible of not less than $500 a person as determined by the board and approved by the director. The amount of the deductible may not be greater when a service is rendered on an outpatient basis than when that…
AS 21.55.130 Preexisting conditions.
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(a) A preexisting condition exclusion in a state plan may not exclude coverage of a preexisting condition unless (1) the condition first manifested itself within the period of three months immediately before the effective date of coverage in a manner that would cause a reasonably…
AS 21.55.140 Care and services not covered.
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(a) A state plan may not provide benefits for charges for the following: (1) care for an injury or disease either (A) arising out of and in the course of an employment subject to a workers' compensation or similar law or where the benefit is available to be provided under a worke…
AS 21.55.150 State plan premiums.
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Article 3. Administration of Plans. (a) The association may not charge a rate for coverage issued by or through the association that is unfairly discriminatory. The board shall submit premium rates to the director for approval before use. (b) The association may use separate scal…
AS 21.55.200 Selection of a plan administrator.
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The board shall develop bid specifications and select a plan administrator through a competitive bidding process. The selection of the plan administrator shall be based upon criteria including the plan administrator's proven ability to handle health insurance coverage for individ…
AS 21.55.210 Duties of plan administrator.
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(a) The plan administrator shall perform the administrative and claims payment functions required by this section. The plan administrator shall provide these services for a period specified in the contract between the association and the plan administrator subject to the terms, c…
AS 21.55.220 Operation of the plan.
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Article 4. Enrollment in the State Health Insurance Plan. (a) Upon notification of eligibility under AS 21.55.320, a person may enroll in a state plan by payment of the appropriate state plan premium to the plan administrator. (b) [Repealed, § 29 ch 30 SLA 2009.] (c) Each member …
AS 21.55.300 Eligibility for state health insurance.
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(a) Except as provided in this section, a state resident who is a high risk, a TAA eligible individual, or a federally defined eligible individual is eligible to enroll in a state plan described in AS 21.55.100. (b) Except for a federally defined eligible individual or TAA eligib…
AS 21.55.310 Enrollment by an eligible person.
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A person may enroll in a state plan by applying to the plan administrator. The application must include the following: (1) name, address, age, and length of residency of the applicant; (2) a designation of the plan desired, including deductible option chosen; (3) information rele…
AS 21.55.320 Plan administrator's response.
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(a) Within 30 days after receiving the application described in AS 21.55.310, the plan administrator shall (1) provide the applicant with either a notice of rejection for failing to comply with the requirements of AS 21.55.300 and 21.55.310 or a notice of acceptance; and (2) for …
AS 21.55.330 Effective date of policies.
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(a) Except as provided in (b) of this section and AS 21.55.130(c), insurance under a state plan is effective immediately upon receipt of the first premium, and is retroactive to the date of the application, if the applicant otherwise complies with the requirements of this chapter…
AS 21.55.340 Solicitation of eligible persons.
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Article 5. General Provisions. (a) The association, under a plan approved by the director, shall disseminate appropriate information to the residents of the state regarding the existence of the state plans and the means of enrollment. Means of communication may include use of the…
AS 21.55.400 Duties of director.
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The director may (1) approve the selection of the plan administrator by the association and approve the association's contract with the plan administrator, including the coverages and premiums to be charged; (2) contract with the federal government or another unit of government t…
AS 21.55.410 State not liable.
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The state is not liable for acts or omissions of the association or a plan administrator under this chapter, nor is the state liable for payment of a claim under a state plan issued by a plan administrator.
AS 21.55.420 Board member civil and criminal immunity.
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A member of the board of directors of the association may not be held civilly or criminally liable for an act or omission if the act or omission was in good faith and within the scope of the director's duties under this chapter.
AS 21.55.500 Definitions.
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In this chapter, (1) “association” means the Comprehensive Health Insurance Association created in AS 21.55.010; (2) “copayment” means the portion of the eligible expenses, in excess of the deductible, for which the insured is responsible; (3) “creditable coverage” has the meanin…
AS 21.56.010 Secs. 21.56.010 — 21.56.100. Creation; membership; board of directors; organization; general powers; plan of operation; health care reinsurance; health care insurance plan committee; required report; premium report; Administrative Procedure Act; tax exemption; limitation of liability. [Repealed, § 49 ch 80 SLA 2006.]
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[Repealed or reserved.]
AS 21.56.110 Applicability.
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(a) A health care insurance plan offered, issued for delivery, delivered, or renewed to small employers in this state is subject to the provisions of this chapter, except as prohibited under federal law. (b) [Repealed, § 115 ch 81 SLA 1997.] (c) Except as provided in this subsect…
AS 21.56.120 Premium rate restrictions; disclosures; reports; confidentiality.
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(a) A premium rate for a health care insurance plan subject to this chapter is subject to the following provisions: (1) the premium rate charged or offered during a rating period to small employers with similar case characteristics as determined by the insurer for the same or sim…
AS 21.56.130 Renewability of coverage. [Repealed, § 115 ch 81 SLA 1997.]
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[Repealed or reserved.]
AS 21.56.140 Required offer of coverage.
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(a) Except as provided under AS 21.56.160, a small employer insurer shall, as a condition of transacting business in this state with small employers, offer to small employers all health care insurance plans the small employer insurer actively markets to small employers in this st…
AS 21.56.150 Required health benefit provisions. [Repealed, § 115 ch 81 SLA 1997.]
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[Repealed or reserved.]
AS 21.56.160 Exemption from required offer of coverage.
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(a) A small employer insurer offering health care insurance through a network plan is not required to offer or renew coverage or accept applications under AS 21.56.140(a) if (1) the small employer does not have eligible employees or dependents who live, work, or reside in the ser…
AS 21.56.170 Conditions for ceasing to do business. [Repealed, § 115 ch 81 SLA 1997.]
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[Repealed or reserved.]
AS 21.56.180 Fair marketing standards.
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(a) A small employer insurer may not, directly or indirectly, enter into a contract, agreement, or arrangement with an insurance producer, a managing general agent, or a third-party administrator that provides for or results in the compensation paid to an insurance producer for t…
AS 21.56.190 Mandatory reissue of coverage.
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The director may adopt regulations to require small employer insurers, as a condition of transacting business with small employers in this state after July 1, 1993, to reissue a health care insurance plan to a small employer who has had its health care insurance plan terminated o…
AS 21.56.250 Definitions.
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In this chapter, (1) “actuarial certification” means a written statement by a member of the American Academy of Actuaries or another individual acceptable to the director indicating that, based on the person's examination, including a review of the appropriate records, actuarial …
AS 21.57.010 Purpose.
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The purpose of this chapter is to promote the public welfare by regulating consumer credit insurance. Nothing in this chapter is intended to prohibit or discourage reasonable competition. The provisions of this chapter shall be liberally construed.
AS 21.57.020 Applicability.
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Consumer credit insurance transacted in connection with a credit transaction for a personal, household, or family purpose is subject to the provisions of this chapter except (1) insurance written in connection with a credit transaction that is (A) secured by a first mortgage or f…
AS 21.57.030 Authorized types of consumer credit insurance.
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A type of consumer credit insurance defined in AS 21.57.160 may be written separately or in combination with other types of consumer credit insurance on an individual or group basis.
AS 21.57.040 Amount of consumer credit insurance.
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(a) The amount of coverage for credit life insurance payable at the time of loss (1) may not exceed the greater of the actual net debt or the scheduled net debt, except insurance on an (A) agricultural credit transaction commitment, not exceeding one year in duration, may be writ…
AS 21.57.050 Duration of coverage.
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(a) The effective date of coverage for (1) consumer credit insurance that is elected by the debtor before or contemporaneous with a credit transaction is the date when the debtor becomes obligated to the creditor, except that when evidence of individual insurability is required a…
AS 21.57.055 Disclosure to debtors.
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(a) Before a debtor elects to purchase consumer credit insurance in connection with a credit transaction, the insurer shall disclose the following in writing to the debtor: (1) the purchase of consumer credit insurance is optional and not a condition of obtaining credit approval;…
AS 21.57.060 Provisions of policies and certificates of insurance.
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(a) Consumer credit insurance shall be evidenced by an individual policy or a group certificate of insurance. (b) The individual policy or group certificate must, in addition to other requirements of law, set out (1) the name and home office address of the insurer; (2) the name o…
AS 21.57.070 Requirements for evidence of insurance.
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(a) Unless the individual policy or group certificate of insurance is delivered to the debtor at the time the debt is incurred or when the debtor elects to purchase coverage, a copy of the application for the policy or a notice of proposed insurance, signed by the debtor and sett…
AS 21.57.080 Filing of forms and rates.
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(a) An insurance policy, certificate of insurance, notice of proposed insurance, insurance disclosure notice, application for insurance, endorsement, and rider delivered or issued for delivery in this state, and the applicable schedules of premium rates shall be filed with the di…
AS 21.57.090 Premiums and refunds.
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(a) An insurer may revise its schedules of premium rates from time to time, and file the revised schedules with the director. An insurer may not issue a consumer credit insurance policy for which the premium rate differs from that determined by the schedules of the insurer then a…
AS 21.57.100 Issuance of policies.
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All policies of credit life insurance and credit disability insurance shall be delivered or issued for delivery in this state only by an insurer authorized to do an insurance business in this state, and shall be issued only through holders of licenses or authorizations issued by …
AS 21.57.110 Claims. [Repealed, § 113 ch 62 SLA 1995.]
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[Repealed or reserved.]
AS 21.57.120 Selection rights of insured.
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When consumer credit insurance is required as additional security for a debt, the debtor shall, upon request to the creditor, have the option of furnishing the required amount of insurance through existing policies of insurance owned or controlled by the debtor or of procuring an…
AS 21.57.125 Duties of an insurer.
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Except as otherwise prohibited by law, duties imposed upon an insurer by this chapter may be carried out by a creditor if the creditor is licensed under AS 21.27 as an insurance producer, a managing general agent, or a third-party administrator, and transacts business within the …
AS 21.57.130 Enforcement.
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The director may, after notice and hearing, adopt regulations considered appropriate for the implementation of this chapter. Whenever the director finds that there has been a violation of this chapter or regulations adopted under it, and after written notice thereof and hearing g…
AS 21.57.140 Judicial review.
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A party to the proceeding affected by an order of the director shall be entitled to judicial review by following the procedure set out in AS 21.06.230.
AS 21.57.150 Penalties.
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(a) In addition to any other penalty provided by law, a person licensed under AS 21.27 that the director determines under AS 21.06.170 — 21.06.240 has violated the provisions of this chapter is subject to (1) a civil penalty equal to the compensation promised, paid, or to be paid…
AS 21.57.160 Definitions.
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In this chapter, (1) “agriculture credit transaction commitment” means a binding agreement to loan money up to a fixed amount as needed for agricultural purposes; (2) “compensation” means commissions, dividends, retrospective rate credits, service fees, expense allowances or reim…
AS 21.57.170 Short title. [Repealed, § 113 ch 62 SLA 1995.]
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[Repealed or reserved.]
AS 21.59.010 Applicability.
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(a) AS 21.59.010 — 21.59.090 applies to a person, firm, corporation, or organization providing or intending to provide automobile service corporation services for subscribers in exchange for periodic prepayments by a subscriber. (b) AS 21.59.010 — 21.59.090 does not apply to a pe…
AS 21.59.020 Incorporation and certificate of authority required.
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(a) A person providing or intending to provide automobile service corporation services shall be a corporation currently authorized as an automobile service corporation under a certificate of authority issued by the director under AS 21.59.010 — 21.59.090. (b) If the corporation i…
AS 21.59.030 Qualifications for certificate of authority.
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The director may not issue a certificate of authority to be or act as an automobile service corporation and shall revoke an existing certificate of authority unless the corporation (1) if a newly formed corporation, possesses sufficient available working funds to pay all reasonab…
AS 21.59.040 Certificate of authority.
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(a) Application for a certificate of authority to transact business as an automobile service corporation shall be made to the director, on forms furnished by the director and requiring the information about the applicant, its directors, officers, and affairs as the director may r…