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- Alaska Statutes.
- Title 21. Insurance
- Chapter 56. Small Employer Health Insurance
- Section 160. Exemption From Required Offer of Coverage.
previous: Section 150
. Required Health Benefit Provisions. [Repealed, Sec. 115 Ch 81 SLA 1997].
next: Section 170
. Conditions For Ceasing to Do Business. [Repealed, Sec. 115 Ch 81 SLA 1997].
AS 21.56.160. Exemption From Required Offer of Coverage.
- (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
- (1) the small employer does not have eligible employees or dependents who live, work, or reside in the service area for
the network plan; or
- (2) the small employer insurer demonstrates to the director that the small employer insurer
- (A) will not have the capacity to deliver services adequately to eligible employees or dependents of additional groups
because of the small employer insurer's obligation to existing group contract holders and covered employees or
- (B) applies this subsection uniformly without regard to the claims experience of the employers and their employees and
dependents or to a health status factor relating to the employees and dependents.
- (b) A small employer insurer offering health care insurance is not required to offer or accept applications under AS 21.56.140
- (1) the small employer insurer is only maintaining in-force business and has ceased enrolling new employer groups on or
before January 1, 1993; or
- (2) the certificate of authority or bylaws of an insurer does not permit the insurer to issue coverage on a marketwide
basis; however, an insurer described in this paragraph shall comply with AS 21.56.140
regarding small employers that meet the requirements of the insurer's certificate of authority or bylaws.
- (c) A small employer insurer who denies health care insurance coverage in a service area under (a) of this section may not
offer coverage in the small employer market within that service area for a period of 180 days after the date the
coverage is denied.
- (d) If a small employer insurer demonstrates or the director determines under AS 21.09.175
that a small employer insurer does not have the financial reserves necessary to underwrite additional coverage, the
small employer insurer may not offer or renew health care insurance coverage in the small employer group market. The
small employer insurer may not reenter the small employer group market until the director has determined that the
insurer has sufficient financial reserves to underwrite additional coverage.
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