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- Alaska Statutes.
- Title 21. Insurance
- Chapter 7. Regulation of Managed Care Insurance Plans
- Section 30. Choice of Health Care Provider.
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AS 21.07.030. Choice of Health Care Provider.
- (a) If a managed care entity offers a managed care plan 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 managed
care entity, the managed care entity shall also offer a non-network option to covered persons at initial enrollment, as
provided under (c) of this section. The non-network option may require that a covered person pay a higher deductible,
copayment, or premium for the plan if the higher deductible, copayment, or premium results from increased costs caused
by the use of a non-network provider. The managed care entity shall provide an actuarial demonstration of the increased
costs to the director at the director's request. If the increased costs are not justified, the director shall require
the managed care entity to recalculate the appropriate costs allowed and resubmit the appropriate deductible,
copayment, or premium to the director. This subsection does not apply to a covered person who is offered non-network
coverage through another managed care plan or through another managed care entity.
- (b) The amount of any additional premium charged by the managed care entity for the additional cost of the creation and
maintenance of the option described in (a) of this section and the amount of any additional cost sharing imposed under
this option shall be paid by the covered person unless it is paid by an employer or other person through agreement with the managed care
- (c) A covered person may make a change to the medical care coverage option provided under this section only during a time period
determined by the managed care entity. The time period described in this subsection must occur at least annually and
last for at least 15 working days.
- (d) If a managed care entity that offers a managed care plan requires or provides for a designation by a covered person
of a participating primary care provider, the managed care entity shall permit the covered person to designate any
participating primary care provider that is available to accept the covered person.
- (e) Except as provided in this subsection, a managed care entity that offers a managed care plan shall permit a
covered person to receive medically necessary or appropriate specialty care, subject to appropriate referral procedures, from
any qualified participating health care provider that is available to accept the individual for medical care. This
subsection does not apply to specialty care if the managed care entity clearly informs covered persons of the limitations on
choice of participating health care providers with respect to medical care. In this subsection,
- (1) "appropriate referral procedures" means procedures for referring patients to other health care providers as set out in
the applicable member contract and as described under (a) of this section;
- (2) "specialty care" means care provided by a health care provider with training and experience in treating a particular
injury, illness, or condition.
- (f) If a contract between a health care provider and a managed care entity is terminated, a covered person may continue to
be treated by that health care provider as provided in this subsection. If a covered person is pregnant or being
actively treated by a provider on the date of the termination of the contract between that provider and the managed
care entity, the covered person may continue to receive medical care services from that provider as provided in this
subsection, and the contract between the managed care entity and the provider shall remain in force with respect to the
continuing treatment. The covered person shall be treated for the purposes of benefit determination or claim payment as
if the provider were still under contract with the managed care entity. However, treatment is required to continue only
while the managed care plan remains in effect and
- (1) for the period that is the longest of the following:
- (A) the end of the current plan year;
- (B) up to 90 days after the termination date, if the event triggering the right to continuing treatment is part of an
ongoing course of treatment;
- (C) through completion of postpartum care, if the covered person is pregnant on the date of termination; or
- (2) until the end of the medically necessary treatment for the condition, disease, illness, or injury if the person has a
terminal condition, disease, illness, or injury; in this paragraph, "terminal" means a life expectancy of less than one
- (g) The requirements of this section do not apply to medical care services covered by Medicaid.
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