Section 21.86.310. Dual choice.

   (a) An employer in this state, whether public or private, that offers its employees a health benefit plan and employs 25 or more employees during any week of the calendar year, and an employee benefit fund in this state that offers its members any form of health benefit, shall make available to its employees or members the option to enroll in at least one health maintenance organization, holding a valid certificate of authority, that provides health care services in the geographic areas in which substantial numbers of the employees or members reside.  If employees of the employer are members of a collective bargaining unit, the option of enrollment in a health maintenance organization shall first be submitted to the bargaining representative of the bargaining unit.  If the option is approved by the bargaining representative, the option of enrollment shall then be made to each represented employee.
   (b) An employer in this state is not required to pay more for employee health benefits as a result of the application of this section than would be required if this section did not apply to the employer. If an employee chooses enrollment in a health maintenance organization, the employer is required to pay, on behalf of that employee, only an amount equal to the lesser of
        (1) the amount that would have to be paid to an insurer on behalf of its employees for substantially similar health benefits; or
        (2) the health maintenance organization's charge for coverage that is approved by the director under AS 21.86.070.
   (c) This section does not apply to an employer whose employees or members reside in an area where health care services are not provided by a health maintenance organization.

Authorities

39.30.090;39.30.091

Notes

References

AS 39.30.090 Procurement of group insurance.
AS 39.30.091 Authorization for self-insurance and excess loss insurance.

History

(Sec. 1 ch 95 SLA 1990)