Title 21 — Insurance
53 chapters · 1,244 sections in this title.
AS 21.03.010 Insurance regulated.
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(a) All persons transacting a business of insurance in this state, or relative to a subject resident, located or to be performed in this state, shall comply with the applicable provisions of this title. (b) Foreign and alien insurers doing business as authorized insurers under th…
AS 21.03.020 Application of Code as to particular types of insurers. [Repealed, § 2 ch 234 SLA 1968.]
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[Repealed or reserved.]
AS 21.03.021 Application of title.
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(a) In addition to the exclusion contained in AS 21.03.070, this title does not apply to a life insurance or annuity company organized and operated without profit to any private shareholder or individual exclusively for the purpose of aiding and strengthening educational institut…
AS 21.03.025 Direct health care agreements.
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(a) A health care provider or health care business and a patient or the representative of a patient may enter into a direct health care agreement. Health care services provided under a direct health care agreement are limited to the type of health care services that a primary car…
AS 21.03.030 Secs. 21.03.030 — 21.03.050. Existing certificates of authority and licenses; existing forms and filings; existing domestic insurers. [Repealed, § 47 ch 29 SLA 1987.]
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[Repealed or reserved.]
AS 21.03.060 Preemption.
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The state hereby preempts the field of regulating insurers and their managing general agents, insurance producers, and representatives. All political subdivisions of the state, including home rule boroughs or cities, are prohibited from requiring of an insurer, managing general a…
AS 21.03.070 Exemption for qualified charitable gift annuities.
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(a) Notwithstanding any other provision of this title, the issuance of a qualified charitable gift annuity does not constitute engaging in the business of insurance in this state, and, except as provided by this section, is exempt from regulation by the division under this title.…
AS 21.06.010 Appointment of director.
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The commissioner of commerce, community, and economic development shall appoint the director, division of insurance, Department of Commerce, Community, and Economic Development. The director serves at the pleasure of the commissioner.
AS 21.06.020 Division of insurance.
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(a) There is created within the Department of Commerce, Community, and Economic Development a division of insurance, which shall be located in or convenient to the office occupied by the commissioner of commerce, community, and economic development. (b) The division of insurance …
AS 21.06.030 Deputies and assistants; volunteers.
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(a) The director may appoint a chief deputy, who shall be in charge of the division of insurance under the direction and control of the director. (b) The director may appoint additional deputies for purposes designated by the director. (c) The director may employ a competent insu…
AS 21.06.040 Prohibited interests, rewards. [Repealed, § 47 ch 29 SLA 1987.]
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[Repealed or reserved.]
AS 21.06.050 Delegation of authority.
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(a) The director may delegate to a deputy, assistant, examiner, or employee of the division the exercise or discharge in the director's name of a power, duty, or function, whether ministerial or discretionary, vested by this title in the director. (b) The director is responsible …
AS 21.06.060 Records.
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(a) The director shall enter in permanent form records of official transactions, examinations, investigations, and proceedings and keep those records in the office of the director. The records and insurance filings in the office of the director are open to public inspection, exce…
AS 21.06.070 Evidence.
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(a) A copy of a record or document in the office of the director that is certified as a true copy by the director shall be received in evidence in any court as if it were the original. (b) The director shall furnish upon request a certificate as to the authority of a person to tr…
AS 21.06.080 General powers, duties; catastrophes.
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(a) The director shall enforce the provisions of this title, and shall execute the duties imposed by this title. (b) The director has the power and authority expressly conferred by or reasonably implied from the provisions of this title. (c) The director may conduct examinations …
AS 21.06.085 Uniform data and procedures for health claims.
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(a) The director shall adopt by regulation uniform claims forms, uniform standards, and uniform procedures for the processing of data relating to billing for and payment of health care services provided to state residents. A health care insurer shall use the uniform claims forms …
AS 21.06.087 Insurance report.
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[Repealed or reserved.]
AS 21.06.090 Regulations.
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(a) The director may adopt reasonable regulations to effectuate this title. A regulation may not extend, modify, or conflict with any law of this state or the reasonable implications thereof. Except for regulations adopted under AS 21.06.250, a regulation affecting a person or ma…
AS 21.06.100 Orders, notices.
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(a) Orders and notices of the director are not effective unless in writing signed by or under the authority of the director. (b) Every order must state its effective date and must concisely state (1) its intent or purpose; (2) the grounds on which it is based; (3) the provisions …
AS 21.06.110 Director's annual report.
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As early in each calendar year as is reasonably possible, the director shall prepare and deliver an annual report to the commissioner, who shall notify the legislature that the report is available, showing, with respect to the preceding calendar year, (1) a list of the authorized…
AS 21.06.115 Duty to inform public.
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The director shall regularly inform the public of matters concerning the purchase, price, coverage, benefits, and rights of insurance marketed in this state and make available information on availability of the services of the division of insurance. The director shall prepare, pu…
AS 21.06.120 Examination of insurers.
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(a) The director may examine the affairs, transactions, accounts, records, and assets of each authorized and formerly authorized insurer and each licensed and formerly licensed managing general agent, reinsurance intermediary broker, reinsurance intermediary manager, surplus line…
AS 21.06.130 Examination of producers, adjusters, and promoters.
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(a) To determine compliance with this title, the director may, as often as the director has reasonable cause, examine or require a written report from a person of the accounts, records, documents, and transactions pertaining to or affecting the insurance affairs or proposed insur…
AS 21.06.140 Conduct of examination.
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(a) The director shall conduct the examination at the home office of a domestic, foreign, or Canadian insurer, or the United States branch office of an alien insurer, or in any of its branch or agency offices; or with respect to persons other than insurers, at the office or other…
AS 21.06.150 Examination reports.
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(a) An examination report may only consist of facts appearing upon the books, records, or other documents of the examined person, the person's agents, or other persons examined, or facts determined from the testimony of officers, agents, or other persons examined concerning the p…
AS 21.06.160 Examination expense.
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(a) Each person examined, other than examinations under AS 21.06.130 and examinations of managing general agents, third-party administrators, reinsurance intermediary managers, motor vehicle service contract providers, or surplus lines brokers, shall pay a reasonable rate calcula…
AS 21.06.165 Immunity for director and others.
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(a) The director, employees or agents of the division, and the National Association of Insurance Commissioners and its employees, are not liable for civil damages for an act or omission in the execution of their authorized activities or duties under this title, or for the publica…
AS 21.06.170 Witnesses, evidence, and contempt.
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(a) With respect to the subject of an examination, investigation, or hearing being conducted by the director or an examiner, if general written authority has been given the examiner by the director, the director or the examiner may subpoena witnesses and administer oaths or affir…
AS 21.06.180 Hearings.
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(a) The director may hold hearings for any purpose within the scope of this title considered to be necessary. (b) The office of administrative hearings (AS 44.64.010) shall conduct a hearing on behalf of the director if required under AS 44.64.030. Otherwise, the director shall c…
AS 21.06.190 Stay of action.
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(a) Except as provided in AS 21.27.420(d), a demand for a hearing received by the director before the effective date of an order issued or within 10 days after an order is delivered stays the effectiveness of the order pending the hearing and an order made thereon, except as to a…
AS 21.06.200 Notice of hearing.
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Not less than 20 days in advance, the administrative law judge or director shall give notice of the time and place of the hearing, stating the matters to be considered at the hearing. If the persons to be given notice are not specified in the provision under which the hearing is …
AS 21.06.210 Hearing procedure.
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(a) The administrative law judge or director shall allow a party to the hearing to appear in person and by counsel, to be present during the giving of all evidence, to have a reasonable opportunity to inspect all documentary evidence and to examine witnesses, to present evidence …
AS 21.06.220 Order on hearing.
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(a) In conducting the hearing, the administrative law judge or director shall sit in a quasi-judicial capacity. Within 45 days after termination of the hearing, rehearing, or reargument, the director shall make an order on hearing, covering matters involved in the hearing, rehear…
AS 21.06.230 Appeals from the director.
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A person aggrieved by an order of the director may appeal the order to the superior court using procedures provided by court rule.
AS 21.06.240 Hearings inapplicable to rate making.
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The hearing and appeal procedures provided for in AS 21.06.180 — 21.06.230 do not apply to matters covered by AS 21.39 (Rates and Rating Organizations).
AS 21.06.250 Fees and licenses.
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The director shall collect in advance a fee for each license and for services performed by the division of insurance. Fees may be collected for but are not limited to applications, licenses and license renewals, certificates of authority, service of process, printed or photocopie…
AS 21.06.255 Information for child support purposes.
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Notwithstanding any other provision of this title, a natural person who applies for a license or requests renewal of a license issued by the director under this title shall provide the director with the person's social security number. Upon request, the director shall provide a s…
AS 21.06.260 Accounting and disposition of fees. [Repealed, § 28 ch 90 SLA 1991.]
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[Repealed or reserved.]
AS 21.07.005 Regulations relating to health care insurance policies.
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(a) The director shall adopt regulations to provide standards and criteria for (1) the structure and operation of utilization review and benefit determination processes; (2) the establishment and maintenance of procedures by health care insurers to ensure that a covered individua…
AS 21.07.010 Patient and health care provider protection.
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(a) A contract between a participating health care provider and a health care insurer must contain a provision that (1) provides for a reasonable mechanism to identify all medical care services to be provided by the health care insurer; (2) clearly states or references an attachm…
AS 21.07.020 Required contract provisions for health care insurance policy.
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A health care insurance policy must contain a provision (1) that preauthorization for a covered medical procedure on the basis of medical necessity may not be retroactively denied unless the preauthorization is based on materially incomplete or inaccurate information provided by …
AS 21.07.030 Choice of health care provider.
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(a) If a health care insurer offers a health care insurance policy that provides for coverage of medical care services only if the services are furnished through a network of health care providers that have entered into a contract with the health care insurer, the health care ins…
AS 21.07.040 Confidentiality of managed care information. [Repealed, § 94(a) ch 23 SLA 2011.]
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[Repealed or reserved.]
AS 21.07.050 §§ 21.07.050 — 21.07.070. External health care appeals; qualifications of external appeal agencies; limitation on liability of reviewers.
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[Repealed or reserved.]
AS 21.07.080 Religious nonmedical providers.
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This chapter may not be construed to (1) restrict or limit the right of a health care insurer to include services provided by a religious nonmedical provider as medical care services covered by the health care insurance policy; (2) require a health care insurer, when determining …
AS 21.07.090 Construction.
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This chapter may not be construed to supersede or change the provisions of 29 U.S.C. 1001 — 1191 (Employee Retirement Income Security Act of 1974) as those provisions apply to self-insured employers.
AS 21.07.250 Definitions.
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In this chapter, (1) [Repealed, § 65 ch 41 SLA 2016.] (2) [Repealed, § 65 ch 41 SLA 2016.] (3) “emergency medical condition” means a medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, that a prudent person who possesses an averag…
AS 21.09.010 Certificate of authority required.
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(a) A person may not act as an insurer and an insurer may not transact insurance in this state except as authorized by a subsisting certificate of authority issued to it by the director, except as to transactions that are expressly otherwise provided for in this title. (b) An ins…
AS 21.09.020 Exception from certificate of authority requirement.
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A certificate of authority is not required of an insurer, not otherwise authorized in this state, with regard to (1) transactions relative to its policies lawfully written in the state, or liquidation of assets and liabilities of the insurer, other than collection of new premiums…
AS 21.09.030 Admission for investment only.
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A foreign insurer may transact business in this state without a certificate of authority, for the purpose and to the extent only of investing its funds in real estate in this state or in securities secured thereby by complying with the applicable laws of this state other than thi…