SB0122A -1- SB 122 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0281\N SENATE BILL NO. 122 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-FOURTH LEGISLATURE - FIRST SESSION BY SENATOR GIESSEL BY REQUEST Introduced: 3/5/25 Referred: Health and Social Services, Labor and Commerce A BILL FOR AN ACT ENTITLED "An Act relating to insurance; establishing standards for health insurance provider 1 networks; and providing for an effective date." 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3 * Section 1. AS 21.07 is amended by adding a new section to read: 4 Sec. 21.07.035. Minimum provider network standards. (a) A health care 5 insurer that offers a health care insurance policy providing for coverage of medical 6 care services through a provider network consisting of health care providers that have 7 entered into a contract with the insurer shall take the network requirements of this 8 section into account when calculating the benefits or other contractual requirements of 9 a covered person. 10 (b) A health care insurer's provider network must include each hospital, 11 skilled nursing facility, or mental health or substance abuse facility licensed in the 12 state and each physician, physician assistant, or advanced practice registered nurse 13 licensed in this state who is employed or contracted by one of these hospitals or 14 34-LS0281\N SB 122 -2- SB0122A New Text Underlined [DELETED TEXT BRACKETED] facilities to provide medical care at the hospital or facility. A health care insurer's 1 provider network must include each health care facility operated by an Alaska tribal 2 health organization and each physician, physician assistant, or advanced practice 3 registered nurse employed or contracted by the organization to provide medical care at 4 that location. A physician, physician assistant, or advanced practice registered nurse 5 who is employed or contracted by a hospital, skilled nursing facility, mental health or 6 substance abuse facility, or Alaska tribal health organization to provide medical care is 7 not included when calculating the health care insurer's minimum network standards set 8 out in (d) of this section. 9 (c) A health care insurer's provider network must include a sufficient number 10 of physicians, physician assistants, and advanced practice registered nurses in each 11 contracting region in which the insurer provides coverage to meet the minimum 12 network standards set out in (d) of this section. Only a physician, physician assistant, 13 or advanced practice registered nurse who is licensed in this state, meets the 14 credentialling standards of the health care insurer, and whose principle practice 15 location is physically located in the applicable contracting region may be included 16 when determining whether a health care insurer meets the minimum network standards 17 set out in (d) of this section. If an insurer treats the physician, physician assistant, or 18 advanced practice registered nurse as contracted for the purposes of all insurance 19 benefit determinations, a health care insurer may include in the provider network a 20 physician, physician assistant, or advanced practice registered nurse who is not a 21 contracted network health care provider to meet the standards set out in (d) of this 22 section. Each physician, physician assistant, or advanced practice registered nurse 23 included in the health care insurer's provider network, including a physician, physician 24 assistant, or advanced practice registered nurse that is not a contracted network health 25 care provider, must be shown as an in-network provider in the insurer's directory of 26 network providers. 27 (d) For purposes of this section, the state is divided into six contracting 28 regions: the Municipality of Anchorage; the Matanuska-Susitna Borough; the 29 Fairbanks North Star Borough and Southeast Fairbanks Census Area; the Kenai 30 Peninsula Borough; the City and Borough of Juneau, Ketchikan Gateway Borough, 31 34-LS0281\N SB0122A -3- SB 122 New Text Underlined [DELETED TEXT BRACKETED] and City and Borough of Sitka; and the remainder of the state. A health care insurer 1 that provides coverage in the Municipality of Anchorage contracting region must 2 include in the insurer's provider network at least 85 percent of the total actively 3 practicing physicians, physician assistants, and advanced practice registered nurses in 4 each specialty recognized for a Medicare advantage plan network adequacy 5 requirement for the Centers for Medicare and Medicaid Services physically located in 6 the region and at least 85 percent of the provider groups in each specialty. A health 7 care insurer that provides coverage in the Matanuska-Susitna Borough contracting 8 region or the Fairbanks North Star Borough and Southeast Fairbanks Census Area 9 contracting region must include in the insurer's provider network at least 90 percent of 10 the total actively practicing physicians, physician assistants, and advanced practice 11 registered nurses in each specialty recognized for a Medicare advantage plan network 12 adequacy requirement for the Centers for Medicare and Medicaid Services physically 13 located in those regions and at least 90 percent of the provider groups in each 14 specialty. A health care insurer that provides coverage in the Kenai Peninsula Borough 15 contracting region, the City and Borough of Juneau, Ketchikan Gateway Borough, and 16 City and Borough of Sitka contracting region, or the contracting region covering the 17 remainder of the state must include in the insurer's provider network at least 95 18 percent of the total actively practicing physicians, physician assistants, and advanced 19 practice registered nurses in each specialty recognized for a Medicare advantage plan 20 network adequacy requirement for the Centers for Medicare and Medicaid Services 21 physically located in those regions and at least 95 percent of the provider groups in 22 each specialty. 23 (e) A health care insurer may make a written request to the director for an 24 exception to the minimum provider network standards set out under this section. The 25 director may grant an exception only for a specified limited period not to exceed 36 26 months. The director shall adopt regulations specifying the procedure for requesting 27 an exception and the standards for granting an exception. The director shall require the 28 health care insurer to submit a plan to achieve the minimum network standards within 29 the time frame of the exception granted by the director and sub mit annual progress 30 reports to the director. 31 34-LS0281\N SB 122 -4- SB0122A New Text Underlined [DELETED TEXT BRACKETED] (f) A health care insurer shall annually attest whether the insurer meets or 1 exceeds the minimum provider network standards in this section for each contracting 2 region in which the insurer provides coverage and provide to the director supporting 3 documentation to demonstrate compliance as part of the insurer's required rate filings. 4 If a health care insurer does not meet a specific standard, the insurer shall submit a 5 plan for corrective action for consideration by the director. 6 (g) The director may adopt regulations necessary to implement this section. 7 The director may adopt in regulation minimum provider network standards by 8 contracting region that exceed the minimum network standards set out in (d) of this 9 section. 10 * Sec. 2. AS 21.07.020(3) is repealed. 11 * Sec. 3. This Act takes effect January 1, 2026. 12