31 | | - | insurer shall take the network requirements of this section into account when 6 |
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32 | | - | calculating the benefits of, or other contractual requirements applicable to, a covered 7 |
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33 | | - | person's health care insurance policy that, as determined by the director, 8 |
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34 | | - | (1) requires the covered person to use a limited network of health care 9 |
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35 | | - | providers, as defined in regulation by the director; or 10 |
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36 | | - | (2) creates a substantial financial or other incentive or disincentive for 11 |
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37 | | - | the covered person to use a limited network of health care providers. 12 |
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38 | | - | (b) A health care insurer's provider network must include each hospital, 13 |
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39 | | - | skilled nursing facility, or mental health or substance abuse facility licensed in the 14 34-LS0281\G |
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40 | | - | CSSB 122(HSS) -2- SB0122B |
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| 32 | + | insurer that offers a health care insurance policy providing for coverage of medical 6 |
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| 33 | + | care services through a provider network consisting of health care providers that have 7 |
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| 34 | + | entered into a contract with the insurer shall take the network requirements of this 8 |
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| 35 | + | section into account when calculating the benefits or other contractual requirements of 9 |
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| 36 | + | a covered person. 10 |
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| 37 | + | (b) A health care insurer's provider network must include each hospital, 11 |
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| 38 | + | skilled nursing facility, or mental health or substance abuse facility licensed in the 12 |
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| 39 | + | state and each physician, physician assistant, or advanced practice registered nurse 13 |
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| 40 | + | licensed in this state who is employed or contracted by one of these hospitals or 14 34-LS0281\N |
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| 41 | + | SB 122 -2- SB0122A |
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43 | | - | state and each physician, physician assistant, or advanced practice registered nurse 1 |
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44 | | - | licensed in this state who is employed or contracted by one of these hospitals or 2 |
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45 | | - | facilities to provide medical care at the hospital or facility. A health care insurer's 3 |
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46 | | - | provider network must include each health care facility operated by an Alaska tribal 4 |
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47 | | - | health organization and each physician, physician assistant, or advanced practice 5 |
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48 | | - | registered nurse employed or contracted by the organization to provide medical care at 6 |
---|
49 | | - | that location. A physician, physician assistant, or advanced practice registered nurse 7 |
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50 | | - | who is employed or contracted by a hospital, skilled nursing facility, mental health or 8 |
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51 | | - | substance abuse facility, or Alaska tribal health organization to provide medical care is 9 |
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52 | | - | not included when calculating the health care insurer's minimum network standards set 10 |
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53 | | - | out in (d) of this section. 11 |
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54 | | - | (c) A health care insurer's provider network must include a sufficient number 12 |
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55 | | - | of physicians, physician assistants, and advanced practice registered nurses in each 13 |
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56 | | - | contracting region in which the insurer provides coverage to meet the minimum 14 |
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57 | | - | network standards set out in (d) of this section. Only a physician, physician assistant, 15 |
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58 | | - | or advanced practice registered nurse who is licensed in this state, meets the 16 |
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59 | | - | credentialling standards of the health care insurer, and whose principal practice 17 |
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60 | | - | location is physically located in the applicable contracting region may be included 18 |
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61 | | - | when determining whether a health care insurer meets the minimum network standards 19 |
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62 | | - | set out in (d) of this section. If an insurer treats the physician, physician assistant, or 20 |
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63 | | - | advanced practice registered nurse as contracted for the purposes of all insurance 21 |
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64 | | - | benefit determinations, a health care insurer may include in the provider network a 22 |
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65 | | - | physician, physician assistant, or advanced practice registered nurse who is not a 23 |
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66 | | - | contracted network health care provider to meet the standards set out in (d) of this 24 |
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67 | | - | section. Each physician, physician assistant, or advanced practice registered nurse 25 |
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68 | | - | included in the health care insurer's provider network, including a physician, physician 26 |
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69 | | - | assistant, or advanced practice registered nurse that is not a contracted network health 27 |
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70 | | - | care provider, must be shown as an in-network provider in the insurer's directory of 28 |
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71 | | - | network providers. 29 |
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72 | | - | (d) For purposes of this section, the state is divided into six contracting 30 |
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73 | | - | regions: the Municipality of Anchorage; the Matanuska-Susitna Borough; the 31 34-LS0281\G |
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74 | | - | SB0122B -3- CSSB 122(HSS) |
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| 44 | + | facilities to provide medical care at the hospital or facility. A health care insurer's 1 |
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| 45 | + | provider network must include each health care facility operated by an Alaska tribal 2 |
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| 46 | + | health organization and each physician, physician assistant, or advanced practice 3 |
---|
| 47 | + | registered nurse employed or contracted by the organization to provide medical care at 4 |
---|
| 48 | + | that location. A physician, physician assistant, or advanced practice registered nurse 5 |
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| 49 | + | who is employed or contracted by a hospital, skilled nursing facility, mental health or 6 |
---|
| 50 | + | substance abuse facility, or Alaska tribal health organization to provide medical care is 7 |
---|
| 51 | + | not included when calculating the health care insurer's minimum network standards set 8 |
---|
| 52 | + | out in (d) of this section. 9 |
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| 53 | + | (c) A health care insurer's provider network must include a sufficient number 10 |
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| 54 | + | of physicians, physician assistants, and advanced practice registered nurses in each 11 |
---|
| 55 | + | contracting region in which the insurer provides coverage to meet the minimum 12 |
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| 56 | + | network standards set out in (d) of this section. Only a physician, physician assistant, 13 |
---|
| 57 | + | or advanced practice registered nurse who is licensed in this state, meets the 14 |
---|
| 58 | + | credentialling standards of the health care insurer, and whose principle practice 15 |
---|
| 59 | + | location is physically located in the applicable contracting region may be included 16 |
---|
| 60 | + | when determining whether a health care insurer meets the minimum network standards 17 |
---|
| 61 | + | set out in (d) of this section. If an insurer treats the physician, physician assistant, or 18 |
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| 62 | + | advanced practice registered nurse as contracted for the purposes of all insurance 19 |
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| 63 | + | benefit determinations, a health care insurer may include in the provider network a 20 |
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| 64 | + | physician, physician assistant, or advanced practice registered nurse who is not a 21 |
---|
| 65 | + | contracted network health care provider to meet the standards set out in (d) of this 22 |
---|
| 66 | + | section. Each physician, physician assistant, or advanced practice registered nurse 23 |
---|
| 67 | + | included in the health care insurer's provider network, including a physician, physician 24 |
---|
| 68 | + | assistant, or advanced practice registered nurse that is not a contracted network health 25 |
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| 69 | + | care provider, must be shown as an in-network provider in the insurer's directory of 26 |
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| 70 | + | network providers. 27 |
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| 71 | + | (d) For purposes of this section, the state is divided into six contracting 28 |
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| 72 | + | regions: the Municipality of Anchorage; the Matanuska-Susitna Borough; the 29 |
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| 73 | + | Fairbanks North Star Borough and Southeast Fairbanks Census Area; the Kenai 30 |
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| 74 | + | Peninsula Borough; the City and Borough of Juneau, Ketchikan Gateway Borough, |
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| 75 | + | 31 34-LS0281\N |
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| 76 | + | SB0122A -3- SB 122 |
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77 | | - | Fairbanks North Star Borough and Southeast Fairbanks Census Area; the Kenai 1 |
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78 | | - | Peninsula Borough; the City and Borough of Juneau, Ketchikan Gateway Borough, 2 |
---|
79 | | - | and City and Borough of Sitka; and the remainder of the state. A health care insurer 3 |
---|
80 | | - | that provides coverage in the Municipality of Anchorage contracting region must 4 |
---|
81 | | - | include in the insurer's provider network at least 70 percent of the total actively 5 |
---|
82 | | - | practicing physicians, physician assistants, and advanced practice registered nurses in 6 |
---|
83 | | - | each specialty recognized for a Medicare advantage plan network adequacy 7 |
---|
84 | | - | requirement for the Centers for Medicare and Medicaid Services physically located in 8 |
---|
85 | | - | the region and at least 70 percent of the provider groups in each specialty. A health 9 |
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86 | | - | care insurer that provides coverage in the Matanuska-Susitna Borough contracting 10 |
---|
87 | | - | region or the Fairbanks North Star Borough and Southeast Fairbanks Census Area 11 |
---|
88 | | - | contracting region must include in the insurer's provider network at least 75 percent of 12 |
---|
89 | | - | the total actively practicing physicians, physician assistants, and advanced practice 13 |
---|
90 | | - | registered nurses in each specialty recognized for a Medicare advantage plan network 14 |
---|
91 | | - | adequacy requirement for the Centers for Medicare and Medicaid Services physically 15 |
---|
92 | | - | located in those regions and at least 75 percent of the provider groups in each 16 |
---|
93 | | - | specialty. A health care insurer that provides coverage in the Kenai Peninsula Borough 17 |
---|
94 | | - | contracting region, the City and Borough of Juneau, Ketchikan Gateway Borough, and 18 |
---|
95 | | - | City and Borough of Sitka contracting region, or the contracting region covering the 19 |
---|
96 | | - | remainder of the state must include in the insurer's provider network at least 80 20 |
---|
97 | | - | percent of the total actively practicing physicians, physician assistants, and advanced 21 |
---|
98 | | - | practice registered nurses in each specialty recognized for a Medicare advantage plan 22 |
---|
99 | | - | network adequacy requirement for the Centers for Medicare and Medicaid Services 23 |
---|
100 | | - | physically located in those regions and at least 80 percent of the provider groups in 24 |
---|
101 | | - | each specialty. 25 |
---|
102 | | - | (e) A health care insurer may make a written request to the director for an 26 |
---|
103 | | - | exception to the minimum provider network standards set out under this section. The 27 |
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104 | | - | director may grant an exception only for a specified limited period not to exceed 36 28 |
---|
105 | | - | months. The director shall adopt regulations specifying the procedure for requesting |
---|
106 | | - | 29 |
---|
107 | | - | an exception and the standards for granting an exception. The director shall require the 30 |
---|
108 | | - | health care insurer to submit a plan to achieve the minimum network standards within 31 34-LS0281\G |
---|
109 | | - | CSSB 122(HSS) -4- SB0122B |
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| 79 | + | and City and Borough of Sitka; and the remainder of the state. A health care insurer 1 |
---|
| 80 | + | that provides coverage in the Municipality of Anchorage contracting region must 2 |
---|
| 81 | + | include in the insurer's provider network at least 85 percent of the total actively 3 |
---|
| 82 | + | practicing physicians, physician assistants, and advanced practice registered nurses in 4 |
---|
| 83 | + | each specialty recognized for a Medicare advantage plan network adequacy 5 |
---|
| 84 | + | requirement for the Centers for Medicare and Medicaid Services physically located in 6 |
---|
| 85 | + | the region and at least 85 percent of the provider groups in each specialty. A health 7 |
---|
| 86 | + | care insurer that provides coverage in the Matanuska-Susitna Borough contracting 8 |
---|
| 87 | + | region or the Fairbanks North Star Borough and Southeast Fairbanks Census Area 9 |
---|
| 88 | + | contracting region must include in the insurer's provider network at least 90 percent of 10 |
---|
| 89 | + | the total actively practicing physicians, physician assistants, and advanced practice 11 |
---|
| 90 | + | registered nurses in each specialty recognized for a Medicare advantage plan network 12 |
---|
| 91 | + | adequacy requirement for the Centers for Medicare and Medicaid Services physically 13 |
---|
| 92 | + | located in those regions and at least 90 percent of the provider groups in each 14 |
---|
| 93 | + | specialty. A health care insurer that provides coverage in the Kenai Peninsula Borough 15 |
---|
| 94 | + | contracting region, the City and Borough of Juneau, Ketchikan Gateway Borough, and 16 |
---|
| 95 | + | City and Borough of Sitka contracting region, or the contracting region covering the 17 |
---|
| 96 | + | remainder of the state must include in the insurer's provider network at least 95 18 |
---|
| 97 | + | percent of the total actively practicing physicians, physician assistants, and advanced 19 |
---|
| 98 | + | practice registered nurses in each specialty recognized for a Medicare advantage plan 20 |
---|
| 99 | + | network adequacy requirement for the Centers for Medicare and Medicaid Services 21 |
---|
| 100 | + | physically located in those regions and at least 95 percent of the provider groups in 22 |
---|
| 101 | + | each specialty. 23 |
---|
| 102 | + | (e) A health care insurer may make a written request to the director for an 24 |
---|
| 103 | + | exception to the minimum provider network standards set out under this section. The 25 |
---|
| 104 | + | director may grant an exception only for a specified limited period not to exceed 36 26 |
---|
| 105 | + | months. The director shall adopt regulations specifying the procedure for requesting 27 |
---|
| 106 | + | an exception and the standards for granting an exception. The director shall require the 28 |
---|
| 107 | + | health care insurer to submit a plan to achieve the minimum network standards within 29 |
---|
| 108 | + | the time frame of the exception granted by the director and sub |
---|
| 109 | + | mit annual progress 30 |
---|
| 110 | + | reports to the director. 31 34-LS0281\N |
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| 111 | + | SB 122 -4- SB0122A |
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112 | | - | the time frame of the exception granted by the director and submit annual progress 1 |
---|
113 | | - | reports to the director. 2 |
---|
114 | | - | (f) A health care insurer shall annually attest whether the insurer meets or 3 |
---|
115 | | - | exceeds the minimum provider network standards in this section for each contracting 4 |
---|
116 | | - | region in which the insurer provides coverage and provide to the director supporting 5 |
---|
117 | | - | documentation to demonstrate compliance as part of the insurer's required rate filings. 6 |
---|
118 | | - | If a health care insurer does not meet a specific standard, the insurer shall submit a 7 |
---|
119 | | - | plan for corrective action for consideration by the director. 8 |
---|
120 | | - | (g) The director may adopt regulations necessary to implement this section. 9 |
---|
121 | | - | The director may adopt in regulation minimum provider network standards by 10 |
---|
122 | | - | contracting region that exceed the minimum network standards set out in (d) of this 11 |
---|
123 | | - | section. 12 |
---|
124 | | - | * Sec. 2. AS 21.07.020(3) is repealed. 13 |
---|
125 | | - | * Sec. 3. This Act takes effect January 1, 2026. 14 |
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| 114 | + | (f) A health care insurer shall annually attest whether the insurer meets or 1 |
---|
| 115 | + | exceeds the minimum provider network standards in this section for each contracting 2 |
---|
| 116 | + | region in which the insurer provides coverage and provide to the director supporting 3 |
---|
| 117 | + | documentation to demonstrate compliance as part of the insurer's required rate filings. 4 |
---|
| 118 | + | If a health care insurer does not meet a specific standard, the insurer shall submit a 5 |
---|
| 119 | + | plan for corrective action for consideration by the director. 6 |
---|
| 120 | + | (g) The director may adopt regulations necessary to implement this section. 7 |
---|
| 121 | + | The director may adopt in regulation minimum provider network standards by 8 |
---|
| 122 | + | contracting region that exceed the minimum network standards set out in (d) of this 9 |
---|
| 123 | + | section. 10 |
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| 124 | + | * Sec. 2. AS 21.07.020(3) is repealed. 11 |
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| 125 | + | * Sec. 3. This Act takes effect January 1, 2026. 12 |
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