Section 21.36.090. Unfair discrimination.

   (a) A person may not make or permit unfair discrimination between individuals of the same class and equal expectation of life in the rates charged for a contract of life insurance or of life annuity or in the dividends or other benefits payable thereon, or in any other of the terms and conditions of the contract.
   (b) A person may not make or permit unfair discrimination between individuals of the same class and of essentially the same hazard in the amount of premium, policy fees, or rates charged for a policy or contract of health insurance or in the benefits payable, or in any of the terms or conditions of the contract, or in any other manner whatever.
   (c) A person may not make or permit arbitrary or unfair discrimination between insureds or property having like insuring or risk characteristics, in the premium or rates charged for a policy or contract of property, casualty, surety, marine, wet marine or transportation insurance, or in the dividends or other benefits payable on the insurance, or in the selection of it, or in any other of the terms and conditions of the insurance.
   (d) Except to the extent necessary to comply with AS 21.42.365 and AS 21.56, a person may not practice or permit unfair discrimination against a person who provides a service covered under a group health insurance policy that extends coverage on an expense incurred basis, or under a group service or indemnity type contract issued by a health maintenance organization or a nonprofit corporation, if the service is within the scope of the provider's occupational license. In this subsection, "provider" means a state licensed physician, physician assistant, dentist, osteopath, optometrist, chiropractor, advanced practice registered nurse, naturopath, physical therapist, occupational therapist, marital and family therapist, psychologist, psychological associate, licensed clinical social worker, licensed professional counselor, or certified direct-entry midwife.

Authorities

21.36.110;21.55.110;23.50.020

Notes

Recent Bills that will modify this

SB 53 ADVANCED PRACTICE REGISTERED NURSES

Implemented As

3 AAC 26.030
3 AAC 26.410
3 AAC 29.350

References

9 AAC 23.900
AS 21.36.110 Exceptions to discrimination and rebates.
AS 21.55.110 Minimum benefits of state health insurance plan.
AS 23.50.020 Collective action by competing physicians.

History

(Sec. 1 ch 120 SLA 1966; am Sec. 5 ch 163 SLA 1976; am Sec. 1 ch 80 SLA 1983; am Sec. 28 ch 2 FSSLA 1987; am Sec. 1 ch 56 SLA 1988; am Sec. 1 ch 150 SLA 1988; am Sec. 139 ch 67 SLA 1992; am Sec. 3 ch 39 SLA 1993; am Sec. 1 ch 51 SLA 1993; am Sec. 28, 29 ch 56 SLA 1996; am Sec. 1 ch 50 SLA 1998; am Sec. 1 ch 60 SLA 1998; am Sec. 2 ch 18 SLA 2002; am Sec. 2 ch 17 SLA 2007; am Sec. 35 ch 33 SLA 2016)