Advertising with us can place you in front of thousands of visitors a day. Learn more!
- Alaska Statutes.
- Title 21. Insurance
- Chapter 7. Regulation of Managed Care Insurance Plans
- Section 10. Patient and Health Care Provider Protection.
previous: Chapter 7
. Regulation of Managed Care Insurance Plans
next: Section 20
. Required Contract Provisions For Managed Care Plans.
AS 21.07.010. Patient and Health Care Provider Protection.
- (a) A contract between a participating health care provider and a managed care entity that offers a managed care
plan must contain a provision that
- (1) provides for a reasonable mechanism to identify all medical care services to be provided by the managed care entity;
- (2) clearly states or references an attachment that states the health care provider's rate of compensation;
- (3) clearly states all ways in which the contract between the health care provider and managed care entity may be
terminated; a provision that provides for discretionary termination by either party must apply equitably to both
- (4) provides that, in the event of a dispute between the parties to the contract, a fair, prompt, and mutual dispute
resolution process must be used; at a minimum, the process must provide
- (A) for an initial meeting at which all parties are present or represented by individuals with authority regarding the
matters in dispute; the meeting shall be held within 10 working days after the plan receives written notice of the
dispute or gives written notice to the provider, unless the parties otherwise agree in writing to a different schedule;
- (B) that if, within 30 days following the initial meeting, the parties have not resolved the dispute, the dispute shall be
submitted to mediation directed by a mediator who is mutually agreeable to the parties and who is not regularly under
contract to or employed by either of the parties; each party shall bear its proportionate share of the cost of
mediation, including the mediator fees;
- (C) that if, after a period of 60 days following commencement of mediation, the parties are unable to resolve the dispute,
either party may seek other relief allowed by law;
- (D) that the parties shall agree to negotiate in good faith in the initial meeting and in mediation;
- (5) states that a health care provider may not be penalized or the health care provider's contract terminated by the
managed care entity because the health care provider acts as an advocate for a covered person in seeking appropriate,
medically necessary medical care services;
- (6) protects the ability of a health care provider to communicate openly with a covered person about all appropriate
diagnostic testing and treatment options; and
- (7) defines words in a clear and concise manner.
- (b) A contract between a participating health care provider and a managed care entity that offers a managed care
plan may not contain a provision that
- (1) has as its predominant purpose the creation of direct financial incentives to the health care provider for withholding
covered medical care services that are medically necessary; nothing in this paragraph shall be construed to prohibit a
contract between a participating health care provider and a managed care entity from containing incentives for
efficient management of the utilization and cost of covered medical care services;
- (2) requires the provider to contract for all products that are currently offered or that may be offered in the future by
the managed care entity; or
- (3) requires the health care provider to be compensated for medical care services performed at the same rate as the health
care provider has contracted with another managed care entity.
- (c) A managed care entity may not enter into a contract with a health care provider that requires the provider to
indemnify or hold harmless the managed care entity for the acts or conduct of the managed care entity. An
indemnification or hold harmless clause entered into in violation of this subsection is void.
All content © 2008 by Touch
N' Go/Bright Solutions, Inc.
Note to HTML Version:
This version of the Alaska Statutes is current through December, 2007. The Alaska Statutes were automatically converted to HTML from a plain text format. Every effort has been made to ensure their accuracy, but this can not be guaranteed. If it is critical that the precise terms of the Alaska Statutes be known, it is recommended that more formal sources be consulted. For statutes adopted after the effective date of these statutes, see, Alaska State Legislature
If any errors are found, please e-mail Touch N' Go systems at E-mail. We
hope you find this information useful.