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2023 Alaska Statutes › Title 21. Insurance › Chapter 87. Hospital and Medical Service Corporations › Sec. 21.87.080. Application for certificate of authority.

(a) Application for a certificate of authority to transact business as a service corporation shall be made to the director, on forms as prepared and furnished by the director and requiring the information relative to the applicant, its directors, officers, and affairs as the director may reasonably require consistent with this chapter.
(b) The application shall be accompanied by the following documents that are not already on file with the director:
(1) one copy of the applicant's articles of incorporation and of all amendments, certified by the commissioner;
(2) one copy of the applicant's bylaws, certified by its corporate secretary;
(3) if a medical service corporation, a copy of each form of service agreement entered into or proposed to be entered into with participant providers, together with a list showing the name, residence and office addresses, and date of execution of the service agreement by each participant provider;
(4) if a hospital service corporation, a copy of each service agreement entered into with participant hospitals certified by the applicant's corporate secretary;
(5) a copy of each form of subscribers' contract proposed to be offered;
(6) a schedule of the rates proposed to be charged subscribers;
(7) a financial statement of the applicant as of a date not more than 30 days before the filing of the application, showing among other things the amount of working funds available to the applicant, the source of the funds, and accompanied by a copy of the agreement under which the funds were contributed to or provided for the applicant;
(8) a copy of any other relevant document reasonably requested by the director.
(c) At the time of filing the application the applicant shall pay to the director an application fee and a fee for issuance of the certificate of authority set under AS 21.06.250.
2023 Alaska Statutes › Title 21. Insurance › Chapter 87. Hospital and Medical Service Corporations › Sec. 21.87.090. Issuance or refusal of certificate of authority.

(a) If, after the application for certificate of authority is completed, the director finds that the applicant is fully qualified for a certificate of authority in accordance with this chapter, and that the service agreements, subscribers contracts, schedule of rates are in compliance with the applicable provisions of this chapter, the director shall issue to the applicant a certificate of authority as a medical service corporation or as a hospital service corporation, or as a combined medical and hospital service corporation, as the case may be.
(b) If the director does not so find, the director shall refuse to issue a certificate of authority and shall give the applicant written notice setting out the particulars of the reasons for the refusal, accompanied by return of the fee tendered for issuance of the certificate of authority.
(c) The director shall either issue or refuse to issue the certificate of authority within a reasonable time after the filing and completion of application.
2023 Alaska Statutes › Title 21. Insurance › Chapter 87. Hospital and Medical Service Corporations › Sec. 21.87.100. Continuance or expiration of certificate of authority.

(a) A certificate of authority issued to a service corporation shall continue in force as long as the corporation is entitled to it under this chapter, and until suspended or revoked by the director or terminated at the request of the corporation; subject, however, to continuance of the certificate by the corporation each year by
(1) payment, before June 30, of the continuation fee set under AS 21.06.250;
(2) filing by the insurer of its annual statement for the preceding calendar year as required under AS 21.87.240.
(b) If not continued by the service corporation, its certificate of authority shall expire at midnight on the June 30 following the failure of the insurer to continue it in force. The director shall promptly notify the insurer of the occurrence of a failure resulting in impending expiration of its certificate of authority.
2023 Alaska Statutes › Title 21. Insurance › Chapter 87. Hospital and Medical Service Corporations › Sec. 21.87.110. Suspension or revocation of certificate of authority.

(a) The director shall suspend or revoke the certificate of authority of a service corporation that the director finds, after a hearing, is no longer qualified under this chapter.
(b) The director may after a hearing, suspend or revoke the certificate of authority for a violation by the service corporation of a provision of this chapter for which mandatory suspension or revocation is not required under (a) of this section, or on an applicable ground set out in AS 21.09.140 and 21.09.150.
(c) A service corporation may not, while its certificate of authority is suspended or revoked, transact business as a service corporation other than that necessary and incidental to the discharge of its contracts and agreements outstanding on the day the suspension or revocation became effective. The corporation may not, after the revocation of its certificate of authority, solicit or issue new subscriber's contracts.
2023 Alaska Statutes › Title 21. Insurance › Chapter 87. Hospital and Medical Service Corporations › Sec. 21.87.120. Services and benefits that may be provided by medical service corporations.

(a) A medical service corporation shall have the right to provide to its subscribers part or all of the following services and benefits only:
(1) medical and surgical services furnished to the subscriber by participant providers;
(2) indemnity in reasonable amount with respect to medical and surgical services furnished to the subscriber by nonparticipant providers, but subject to AS 21.87.070(4);
(3) indemnity in reasonable amount with respect to hospital services furnished the subscriber while under the care and treatment of a participant provider or under the care and treatment of another provider upon referral by a participant provider;
(4) indemnity in reasonable amount with respect to appliances, prosthetics, and similar devices and replacements, and ambulance, x-ray, physiotherapy, and similar services.
(b) This section does not prohibit the corporation from acting as compensated servicing agent as to health care services to be provided by a public agency, or under agreements between other parties not solicited by the corporation.
2023 Alaska Statutes › Title 21. Insurance › Chapter 87. Hospital and Medical Service Corporations › Sec. 21.87.130. Services and benefits that may be provided by hospital service corporations.

(a) A hospital service corporation shall have the right to provide to its subscribers part or all of the following services and benefits only:
(1) hospital services furnished to the subscriber by participant hospitals;
(2) indemnity in a reasonable amount with respect to hospital services furnished to the subscriber by nonparticipant hospitals, but subject to AS 21.87.070(3);
(3) indemnity in a reasonable amount for other health care services, as defined in AS 21.87.330.
(b) This section does not prohibit the corporation from acting as compensated servicing agent as to health care services to be provided by a public agency, or under agreements between other parties not solicited by the corporation.
2023 Alaska Statutes › Title 21. Insurance › Chapter 87. Hospital and Medical Service Corporations › Sec. 21.87.140. Medical service agreements.

(a) A medical service corporation shall enter into service agreements with providers licensed by the state only.
(b) Each service agreement shall require the participant providers to furnish to subscribers of the service corporation the medical or surgical services, or both, that are, under the subscriber's contract, to be furnished by participant providers. This obligation to furnish the service, as provided for in the subscriber's contract, shall be a direct obligation of the participant providers to the subscribers as well as to the service corporation.
(c) Each service agreement shall further effectively provide in substance that
(1) the participant provider shall be compensated for services rendered to a subscriber in accordance with terms contained in the agreement or attached to and made a part of the agreement and that the participant provider may not request or receive from the service corporation compensation for the services that is not in accord with the terms;
(2) compensation for services may be prorated and settled under the circumstances and in the manner referred to in AS 21.87.300;
(3) if the participant provider withdraws from the agreement, the withdrawal may not be effective as to a subscriber's contract in force on the date of the withdrawal until the termination of the subscriber's contract or the next anniversary of the subscriber's contract, whichever date is the earlier.
(d) The proposed form of the service agreement shall be filed with the director and is subject to the approval of the director under AS 21.87.180.
2023 Alaska Statutes › Title 21. Insurance › Chapter 87. Hospital and Medical Service Corporations › Sec. 21.87.150. Hospital service agreements.

(a) A hospital service corporation shall enter into service agreements with hospitals approved or licensed by the state only.
(b) Each service agreement must require the participant hospital to furnish to subscribers of the service corporation the hospital services that are, under the subscriber's contract, to be furnished by participant hospitals; and this obligation to furnish the service, as provided for in the subscriber's contract, shall be a direct obligation of the participant hospitals to the subscribers as well as to the service corporation.
(c) Each service agreement must further effectively in substance provide that
(1) the participant hospitals shall be compensated for services rendered to a subscriber in accordance with terms contained in the agreement or attached to and made a part of the agreement and that the hospital may not request or receive from the service corporation compensation for the services that is not in accord with the terms;
(2) compensation for services may be prorated and settled under the circumstances and in the manner referred to in AS 21.87.300;
(3) if the participant hospital withdraws from the agreement, the withdrawal may not be effective as to a subscriber's contract in force on the date of the withdrawal until the termination of the subscriber's contract or the next anniversary of the subscriber's contract, whichever date is the earlier.
(d) The service corporation shall terminate the service agreement of a particular participant hospital, in addition to other bases of termination provided for in the agreement, if it is determined that the hospital has knowingly charged or attempted to charge the service corporation for a service not actually rendered, or has knowingly violated a material provision of the service agreement.
(e) The proposed form of a service agreement and of the standard riders and endorsements to it shall be filed with the director and are subject to the approval of the director under AS 21.87.180.
2023 Alaska Statutes › Title 21. Insurance › Chapter 87. Hospital and Medical Service Corporations › Sec. 21.87.160. Subscriber's contracts.

(a) Each subscriber's contract issued after July 1, 1966, by a service corporation constitutes a direct obligation of the participant providers or participant hospitals of the service corporation to render the medical or hospital services, as the case may be, as agreed to be rendered by the participants in the subscriber's contract.
(b) Each subscriber's contract or certificate must in adequate detail set out provisions from which can be readily determined
(1) the services to which the subscriber is entitled from participant providers or participant hospitals, as the case may be;
(2) the benefits, if any, to which the subscriber is entitled on an indemnity basis, consistent with AS 21.87.120, 21.87.130 and the other provisions of this chapter;
(3) the periodic subscription charge, rate, or fee payable by or to the subscriber; or, if not so expressed and the charge, rate, or fee is subject to change, the subscriber's contract must require that not less than 30 days' written notice of the new charge, rate, or fee shall be given to the subscriber or the remitting agent of the subscriber before the change is effective;
(4) the date when the respective services and benefits become available to the subscriber, date of expiration of the contract, and the terms, if any, under which the contract may be continued or renewed;
(5) all other terms and conditions of the agreement between the parties consistent with this chapter;
(6) that the subscriber's contract and riders and endorsements thereon or thereto, together with application therefor, if any, signed by the subscriber, and identification issued to the subscriber, constitutes the entire contract between the parties.
(c) A contract may not restrict the subscriber's right to free choice of provider or hospital, but must restrict benefits to be provided on a service basis to services rendered by participant providers and participant hospitals.
(d) All exceptions and exclusions in the contract shall be printed and otherwise set out as prominently as the services or benefits to which they apply.
(e) This title may not be construed to prohibit a service corporation from issuing contracts to groups of persons under a master contract. In this event, however, each subscriber covered under the master contract shall be issued an individual certificate that shall set out in adequate detail the provisions itemized in (b) of this section.
(f) All proposed forms of subscriber's contracts shall be filed with the director and are subject to the approval of the director under AS 21.87.180.
2023 Alaska Statutes › Title 21. Insurance › Chapter 87. Hospital and Medical Service Corporations › Sec. 21.87.170. Minimum service benefits.

(a) Each service agreement and subscriber's contract entered into or issued by a service corporation must provide for health care services of a substantial and broad character to be rendered to subscribers on a service basis by participant providers or participant hospitals.
(b) The director may, after a hearing, by regulation establish certain minimums of service benefits to be provided consistent with (a) of this section.
2023 Alaska Statutes › Title 21. Insurance › Chapter 87. Hospital and Medical Service Corporations › Sec. 21.87.180. Filing and approval of agreements and contracts.

(a) A service corporation may not issue or use a basic form of service agreement or subscriber's contract, or application, identification, supplement, or endorsement to be connected with the agreement or contract, until the form has been filed with and approved by the director. This provision does not apply to riders, endorsements, or other forms of unique character designed for and used with relation to a particular subject.
(b) The director shall approve the form unless disapproved on one or more of the grounds set out in (c) of this section. If not approved or disapproved by order transmitted to the filing service corporation within 30 days after the date filed, the form shall be considered to have been approved.
(c) The director shall disapprove a proposed form referred to in (a) of this section, that
(1) is in any respect not in compliance with or in violation of law;
(2) contains an inconsistent, ambiguous, or misleading clause, or exceptions and conditions that deceptively affect the services or benefits purported to be provided for in the general terms of the agreement or contract;
(3) has any indication of its provisions which is misleading; or
(4) is printed or otherwise reproduced in a manner that renders a provision of the form substantially illegible.
(d) In an order of disapproval the director shall state the particulars of the grounds for disapproval.
(e) A filing under this section is open to public inspection after the date the filing becomes effective.
2023 Alaska Statutes › Title 21. Insurance › Chapter 87. Hospital and Medical Service Corporations › Sec. 21.87.190. Charges and rates; rating methods.

(a) Subscription rates, fees, and payments to be charged by a service corporation to or on account of its subscribers may not be excessive, inadequate, or unfairly discriminatory; and rates of payments to be made to participant providers and participant hospitals for services rendered under a subscriber's contract, shall be fair and reasonable.
(b) [Repealed, § 94(a) ch 23 SLA 2011.]
(c) If the subscriber's contracts to be issued by the service corporation provide for indemnity benefits, where permitted under this chapter, the service corporation shall include in the rate, fee, or payment required of the subscriber an adequate additional charge for the indemnity benefit, and shall separately set out the amount of the additional charge in the schedule filed with the director.
2023 Alaska Statutes › Title 21. Insurance › Chapter 87. Hospital and Medical Service Corporations › Sec. 21.87.210. Surplus fund.

(a) Each service corporation shall set aside into a “surplus fund” an amount of money equal to not less than two percent of all sums hereafter received by it on account of subscriber's contracts, until the surplus fund amounts to not less than $50,000 if a medical service corporation or hospital service corporation, or $100,000 if a combination medical-hospital service corporation.
(b) After the minimum surplus fund is established the service corporation may in like manner increase it to an amount not to exceed the total gross collections from subscribers during the immediately preceding seven months.
(c) That portion of the surplus fund referred to in (a) of this section may be used by the service corporation by express appropriation by action of its board of directors solely if necessary to pay the additional health care costs and expenses under its contracts resulting from disease, epidemic or catastrophic occurrences in which numerous persons were injured in the same occurrence.
(d) If the surplus fund is at any time depleted below the minimum amount required under (a) of this section, the service corporation shall replenish the fund by a resumption or continuance of allocations from subscribers' payments, as provided for original accumulation of the fund under (a) of this section, or by other reasonable means that may be approved by the director.
(e) The director may adopt regulations that are necessary to assure that each service corporation maintains an adequate surplus fund.
2023 Alaska Statutes › Title 21. Insurance › Chapter 87. Hospital and Medical Service Corporations › Sec. 21.87.220. Investments.

(a) A service corporation shall invest and have invested its funds in the following investments only:
(1) cash on deposit or in savings accounts in banks or trust companies in this state;
(2) deposits in or shares of the savings and loan associations that are insured by an instrumentality of the United States government, and not in excess of the amount of the insurance in any one such institution;
(3) public obligations, as provided under AS 21.21;
(4) corporate obligations, as provided under AS 21.21; and
(5) real estate for use as a home office, at a cost not exceeding 10 percent of the corporation's assets at the time of investment, unless a larger amount has been approved by the director.
(b) AS 21.21 shall apply to the investments of service corporations, to the extent applicable, and for the purposes of the application a service corporation shall be considered to be an insurer.
(c) The director may adopt regulations governing the extent to which the sections referred to in (b) of this section are applicable to a service corporation.
2023 Alaska Statutes › Title 21. Insurance › Chapter 87. Hospital and Medical Service Corporations › Sec. 21.87.230. Records and accounts.

(a) Every service corporation shall establish and maintain complete and accurate records and accounts covering its transactions and affairs, in accordance with common and accepted principles and practices of insurance accounting and record keeping as applied to the business of the corporation.
(b) Among other records, the corporation shall establish a separate record of each claim received for benefits under a subscriber's contract, whether the claim is for service or for indemnity. The claim record must contain information reasonably necessary for the determination of
(1) the identity of the claimant;
(2) the nature of the claim;
(3) the probable amount to be paid by the corporation on account of the claim;
(4) the amounts actually paid by the corporation on account of the claim.
2023 Alaska Statutes › Title 21. Insurance › Chapter 87. Hospital and Medical Service Corporations › Sec. 21.87.240. Annual statement and fees.

(a) Each service corporation shall annually before March 2 file with the director a statement of its financial condition as at the preceding December 31. The statement must be in the form, and provide for the information relative to the corporation's affairs, that the director prescribes, consistent with this chapter. The statement shall be verified under oath by at least two of the corporation's principal administrative officers.
(b) At the time of filing the statement, the corporation shall pay a fee set under AS 21.06.250.
2023 Alaska Statutes › Title 21. Insurance › Chapter 87. Hospital and Medical Service Corporations › Sec. 21.87.250. Examination.

Every service corporation shall be subject to examination by the director, with the same rights and powers and in the same manner as is provided in this title for the examination of insurers; and for the purposes thereof AS 21.06.120 - 21.06.180 shall, to the extent applicable, apply to such a corporation, which, for the purpose of the application shall be considered to be an insurer.
2023 Alaska Statutes › Title 21. Insurance › Chapter 87. Hospital and Medical Service Corporations › Sec. 21.87.270. Joint operations.

(a) A hospital service corporation and a medical service corporation may operate under joint management for the purpose of reducing operating costs.
(b) Separate records and accounts shall be kept for each corporation, and the funds and assets of one may not be commingled with those of the other; except that funds received from a joint billing to subscribers may be deposited in a common bank account for purposes of collection, if the records of each corporation at all times show the amount of the funds belonging to each and if final distribution of the funds is made to each corporation within 30 days from receipt of payment of the joint billing.
2023 Alaska Statutes › Title 21. Insurance › Chapter 87. Hospital and Medical Service Corporations › Sec. 21.87.280. Combined corporation.

(a) A service corporation may be formed as, or may by suitable amendment of its articles of incorporation become, a combined medical service and hospital service corporation. As to its medical services each combined service corporation shall fully comply with those provisions of this chapter especially applicable as to medical service corporations; and as to its hospital services the corporation shall fully comply with those provisions of this chapter especially applicable as to hospital service corporations.
(b) Subject to (a) of this section, nothing in this chapter prohibits a combined service corporation from issuing subscriber's contracts providing for both medical services and hospital services.
2023 Alaska Statutes › Title 21. Insurance › Chapter 87. Hospital and Medical Service Corporations › Sec. 21.87.300. Annual adjustment of service payments.

(a) At least once each year each service corporation shall make a special accounting, at which time any prorated settlements for bills submitted by participant providers or hospitals for services rendered during the preceding calendar year shall be adjusted, and any deficits made up on a uniform basis as to all participants to the extent of funds available.
(b) Funds of the service corporation remaining after the annual accounting, and after adequate provision for all its liabilities and reserves, and for the surplus fund required under AS 21.87.210, may be used by the corporation, upon express authorization by its board of directors, for any of the following purposes:
(1) to liquidate on a uniform and pro rata basis charges for services by participant providers or participant hospitals not paid in full upon the settlement of bills in previous years;
(2) to pay off any part or the whole of an outstanding contribution of working capital to the corporation, the payment to be prorated on a uniform basis among all the outstanding contributions; or
(3) to reduce the rates thereafter to be charged subscribers, or to expand the services or benefits thereafter to be provided under subscription contracts.
2023 Alaska Statutes › Title 21. Insurance › Chapter 87. Hospital and Medical Service Corporations › Sec. 21.87.310. Fidelity bond.

Each service corporation shall procure and maintain in force a fidelity bond or bonds, with authorized corporate surety, covering every officer or employee entrusted with the handling of its funds, in an amount, but not less than $5,000, that may be fixed by its board of directors.
2023 Alaska Statutes › Title 21. Insurance › Chapter 87. Hospital and Medical Service Corporations › Sec. 21.87.330. Definitions.

In this chapter,
(1) “health care service” means a service rendered to an individual for diagnosis, relief, or treatment of an injury, ailment, or bodily condition;
(2) “hospital service corporation” means a service corporation that principally provides hospital services;
(3) “medical service corporation” means a service corporation that principally provides medical or surgical services;
(4) [Repealed, § 60 ch 33 SLA 2016.]
(5) “participant hospital” is one that has entered into a service agreement with a service corporation;
(6) “participant provider” means a provider who has entered into a service agreement with a service corporation;
(7) “physician” includes also “surgeon;”
(8) “provider” means a physician, dentist, osteopath, optometrist, chiropractor, certified nurse midwife, or other licensed health care practitioner;
(9) “service agreement” is a contract between a service corporation and a provider or hospital under which the provider or hospital agrees to render all or part of one or more health care services to subscribers of the service corporation;
(10) “service corporation” means a corporation providing all or part of one or more health care services for subscribers in exchange for periodic prepayments in identifiable amount by or as to the subscribers;
(11) “subscriber's contract” is that between the service corporation and its subscriber under which all or part of one or more health care services is to be rendered to or on behalf of the subscriber by a participant provider or hospital that has entered into a service agreement with the corporation covering the services.
2023 Alaska Statutes › Title 21. Insurance › Chapter 87. Hospital and Medical Service Corporations › Sec. 21.87.340. Other provisions applicable.

In addition to the provisions contained or referred to previously in this chapter, the following chapters and provisions of this title also apply with respect to service corporations to the extent applicable and not in conflict with the express provisions of this chapter and the reasonable implications of the express provisions, and, for the purposes of the application, the corporations shall be considered to be mutual “insurers”:
(1) AS 21.03;
(2) AS 21.06;
(3) AS 21.07;
(4) AS 21.09, except AS 21.09.090;
(5) AS 21.18.010;
(6) AS 21.18.030;
(7) AS 21.18.040;
(8) AS 21.18.080 - 21.18.086;
(9) AS 21.36;
(10) AS 21.42.110, 21.42.345 - 21.42.395;
(11) AS 21.51.120 and 21.51.400;
(12) AS 21.51.405;
(13) AS 21.53;
(14) AS 21.54;
(15) AS 21.56;
(16) AS 21.69.400;
(17) AS 21.69.520;
(18) AS 21.69.600, 21.69.620, and 21.69.630;
(19) AS 21.78;
(20) AS 21.79;
(21) AS 21.96.060;
(22) AS 21.97.
2023 Alaska Statutes › Title 21. Insurance › Chapter 88. Health Care Providers Insurance › Sec. 21.88.030. Liability of a governor, officer, or employee.

A governor, officer, or employee or former governor, officer, or employee of the corporation is not liable for civil damages or a criminal fine by reason of the person's act or omission as a governor, officer, or employee of the corporation, or by reason of the act or omission of the corporation, the board of governors, officers, or employees unless (1) the person acts with actual knowledge that the person was acting outside the scope of the person's authority, (2) at the time of the act or omission the person was acting or failing to act for a purpose which the person knew was not in the best interests of the corporation, or (3) with respect to a criminal act, the person had actual knowledge or should have known the person's act was unlawful. If a claim or action is brought against a person entitled to the protection of this section, the claim or action will be defended by the state, except that the person shall reimburse the state for the cost to the state of the person's defense if the provisions of (1), (2), or (3) of this section apply to the person.
2023 Alaska Statutes › Title 21. Insurance › Chapter 88. Health Care Providers Insurance › Sec. 21.88.095. Premium tax offset.

If the company to which the assets and liabilities of the corporation are transferred does not write premiums for two consecutive years that total less than 35 percent of all premiums written in the state for physicians' medical malpractice insurance or does not write premiums for one calendar year that total less than 20 percent of all premiums written in the state for physicians' medical malpractice insurance, the company may carry forward and offset against the company's premium tax liability to the state the amount by which the aggregate claims paid on reinsurance assumed under the transfer exceeds aggregate reserves on the same business established at the date of the transfer of the assets and liabilities of the corporation.
2023 Alaska Statutes › Title 21. Insurance › Chapter 96. Miscellaneous Provisions › Sec. 21.96.010. Settlements.

A settlement made under a motor vehicle liability insurance policy of a claim against an insured arising under that policy from an accident or other event insured against for damage to or destruction of property owned by another person may not be construed as an admission of liability by the insured, or the insurer's recognition of that liability, with respect to any other claim arising from the same accident or event. The settlement shall be inadmissable in evidence in any legal action.
2023 Alaska Statutes › Title 21. Insurance › Chapter 96. Miscellaneous Provisions › Sec. 21.96.025. Motor vehicle insurance rate reductions.

(a) An insurer shall provide an appropriate reduction in the premium charged for a personal motor vehicle liability insurance policy when the principal operator of the motor vehicle covered by the insurance policy
(1) is 55 years of age or older;
(2) at renewal requests the insurer to provide the reduction;
(3) has had no chargeable accidents as set by established underwriting guidelines in use by the insurer or moving motor vehicle citations within three years preceding the request for the discount;
(4) provides the insurer with proof satisfactory to the director that the operator has within the three years before requesting the reduction taken and successfully completed a motor vehicle accident prevention course approved by the Department of Administration under AS 28.05.035; and
(5) did not take and complete the accident prevention course described in (4) of this subsection as a result of an order or sentence imposed by a court.
(b) An insurer may cancel a rate reduction provided under (a) of this section if during the policy period the principal operator of the insured motor vehicle is
(1) involved in an accident caused by the operator; or
(2) convicted of a moving traffic violation.
(c) The reduced rate provided for an operator under (a) of this section may not extend beyond three years after the last day of the operator's most recently successfully completed motor vehicle accident prevention course described in (a)(4) of this section.
(d) The director shall establish by regulation the manner in which insurers inform applicants and insureds of the rate reduction available under this section. An insurer shall inform applicants and insureds as required by this subsection.
2023 Alaska Statutes › Title 21. Insurance › Chapter 96. Miscellaneous Provisions › Sec. 21.96.030. Payment.

Unless another form of payment is agreed to by the policyholder or beneficiary, an insurance company doing business in this state may not pay a judgment or settlement of a claim in this state for a loss incurred in this state with an instrument other than a negotiable bank check payable on demand and bearing even date with the date of writing or by electronic funds transfer.
2023 Alaska Statutes › Title 21. Insurance › Chapter 96. Miscellaneous Provisions › Sec. 21.96.035. Mandatory appraisal.

A motor vehicle or similar policy, a policy providing property coverage, or any other policy providing first party property, casualty, or inland marine coverage, issued or delivered in this state, must include an appraisal clause providing a contractual means to resolve a dispute between the insured and the insurer over the value of a covered first party loss for real property, personal property, business property, or similar risks. If the insured and the insurer fail to agree on the amount of a covered first party loss, either may make written demand upon the other to submit the dispute for appraisal. Within 10 days of the written demand, the insured and insurer must notify the other of the competent appraiser each has selected. The two appraisers will promptly choose a competent and impartial umpire. Not later than 15 days after the umpire has been chosen, unless the time period is extended by the umpire, each appraiser will separately state in writing the amount of the loss. If the appraisers submit a written report of agreement on the amount of the loss, the agreed amount will be binding upon the insured and insurer. If the appraisers fail to agree, the appraisers will promptly submit their differences to the umpire. A decision agreed to by one of the appraisers and the umpire will be binding upon the insured and insurer. All expenses and fees, not including counsel or adjuster fees, incurred because of the appraisal shall be paid as determined by the umpire. Except as specifically provided, nothing in this section is intended to or shall in any manner limit or restrict the rights of insureds or insurers or confer any rights to an insured or insurer.
2023 Alaska Statutes › Title 21. Insurance › Chapter 96. Miscellaneous Provisions › Sec. 21.96.050. Arson information.

(a) When an insurer has reason to believe that a fire loss in which it has an interest may have been caused by other than accidental means, it shall immediately supply a written report of that fact to the Department of Public Safety.
(b) When requested in writing by an authorized agency, an insurer shall supply all available information relating to a particular fire loss to the agency. The information requested may include
(1) insurance policy information pertaining to a fire loss under investigation and any application for the policy;
(2) policy premium payment records;
(3) a history of previous claims made by the insured; and
(4) material relating to the investigation of the loss, including statements of a person who may have information about the loss and any proof of the loss.
(c) Notification to the Department of Public Safety under (a) of this section does not relieve the insurer of the duty to respond to a request for information from an authorized agency under (b) of this section.
(d) An authorized agency provided with information under (a) or (b) of this section may release the information to another authorized agency.
(e) In (a)-(d) of this section, “authorized agency” means a fire department, a local or federal law enforcement agency responsible for the investigation of fires, the Department of Law, the state fire marshal, the United States attorney's office, and the Department of Public Safety.
(f) An authorized agency shall share with the insurer all relevant information relating to an instance of suspected arson when
(1) the Department of Law has determined that release of the information would not jeopardize the success of an ongoing investigation and that there are adequate safeguards to insure the confidentiality of the information;
(2) the agency has completed its investigation and a decision not to prosecute has been made; or
(3) criminal prosecution has been brought and the defendant has pled guilty, or the jury or other trier of fact has returned a verdict, and no appeal has been taken.
(g) In (f) of this section, “authorized agency” means a fire department, a local law enforcement agency responsible for the investigation of fires, the Department of Law, the state fire marshal, and the Department of Public Safety.
(h) A person is not civilly liable or subject to criminal prosecution for releasing information under this section unless the act constitutes a malicious attempt to injure an insured.
2023 Alaska Statutes › Title 21. Insurance › Chapter 96. Miscellaneous Provisions › Sec. 21.96.070. Insurance tax education credit.

(a) A taxpayer is allowed a credit against the tax due under AS 21.09.210 or AS 21.66.110 for contributions of cash or equipment accepted
(1) for direct instruction, research, and educational support purposes, including library and museum acquisitions, and contributions to endowment, by an Alaska university foundation or by a nonprofit, public or private, Alaska two-year or four-year college accredited by a national or regional accreditation association;
(2) for secondary school level vocational education courses, programs, and facilities by a school district in the state;
(3) for vocational education courses, programs, and facilities by a state-operated vocational technical education and training school;
(4) for a facility by a nonprofit, public or private, Alaska two-year or four-year college accredited by a national or regional accreditation association;
(5) for Alaska Native cultural or heritage programs and educational support, including mentoring and tutoring, provided by a nonprofit agency for public school staff and for students who are in grades kindergarten through 12 in the state; and
(6) for education, research, rehabilitation, and facilities by an institution that is located in the state and that qualifies as a coastal ecosystem learning center under the Coastal America Partnership established by the federal government.
(b) The amount of the credit is 50 percent of contributions.
(c) Each public college and university shall include in its annual operating budget request contributions received and how the contributions were used.
(d) A contribution claimed as a credit under this section may not
(1) be the basis for a credit claimed under another provision of this title; and
(2) when combined with contributions that are the basis for credits taken during the taxpayer's tax year under AS 43.20.014, AS 43.55.019, AS 43.56.018, AS 43.65.018, AS 43.75.018, or AS 43.77.045, result in the total amount of credits exceeding $1,000,000; if the taxpayer is a member of an affiliated group, then the total amount of credits may not exceed $1,000,000 for the affiliated group; in this paragraph, “affiliated group” has the meaning given in AS 43.20.145.
(e) The credit under this section may not reduce a person's tax liability under AS 21.09.210 or AS 21.66.110 to below zero for any tax year. An unused credit or portion of a credit not used under this section for a tax year may not be sold, traded, transferred, or applied in a subsequent tax year.
(f) In this section,
(1) “school district” means a borough school district, a city school district, a regional educational attendance area, or a state boarding school;
(2) “vocational education” has the meaning given in AS 43.20.014.
2023 Alaska Statutes › Title 21. Insurance › Chapter 96. Miscellaneous Provisions › Sec. 21.96.090. Risk retention groups and purchasing groups.

(a) A risk retention group or a purchasing group formed under and in compliance with 15 U.S.C. 3901 - 3906 (Liability Risk Retention Act) shall register with the director and shall at all times transact business in compliance with federal law and with the laws of this state that are not preempted by federal law.
(b) A risk retention group or a purchasing group shall apply for initial registration on forms prescribed by the director. Payment of a registration fee established under AS 21.06.250 shall be submitted with the application.
(c) A risk retention group or a purchasing group may continue its registration if it is in compliance with federal law. Payment of an annual continuation fee established under AS 21.06.250 shall be submitted with the continuation application.
(d) A risk retention group holding a valid certificate of authority as a domestic insurer or a purchasing group duly licensed under AS 21.27 as a resident licensee is not required to be additionally registered under this section.
(e) In addition to any other penalty provided by law, a person that the director determines under AS 21.06.170 - 21.06.240 has violated a provision of this title relative to a risk retention group or a purchasing group is subject to a civil penalty of not more than $10,000 for a violation or, if the director determines that the person wilfully violated a provision of this title, a civil penalty of not more than $25,000 for a violation.
(f) The director may adopt regulations on the operation and reporting requirements of a risk retention group that are not in conflict with 15 U.S.C. 3901 - 3906 (Liability Risk Retention Act).
2023 Alaska Statutes › Title 21. Insurance › Chapter 96. Miscellaneous Provisions › Sec. 21.96.120. Waiver for state innovation.

The director may apply to the United States Secretary of Health and Human Services under 42 U.S.C. 18052 for a waiver of applicable provisions of P.L. 111-148 (Patient Protection and Affordable Care Act) with respect to health insurance coverage in the state for a plan year beginning on or after January 1, 2017. The director may implement a state plan meeting the waiver requirements in a manner consistent with state and federal law and as approved by the United States Secretary of Health and Human Services.
2023 Alaska Statutes › Title 21. Insurance › Chapter 97. General Provisions › Sec. 21.97.030. Material incorporated by reference.

The director may adopt a regulation that incorporates by reference the Financial Analysis Handbook published by the National Association of Insurance Commissioners. Under AS 44.62.245(a)(2), in adopting or amending a regulation that incorporates the Financial Analysis Handbook published by the National Association of Insurance Commissioners, the director may incorporate future amended versions of the Financial Analysis Handbook published by the National Association of Insurance Commissioners.
2023 Alaska Statutes › Title 22. Judiciary › Chapter 05. The Supreme Court › Sec. 22.05.010. Jurisdiction.

(a) The supreme court has final appellate jurisdiction in all actions and proceedings. However, a party has only one appeal as a matter of right from an action or proceeding commenced in either the district court or the superior court.
(b) Appeal to the supreme court is a matter of right only in those actions and proceedings from which there is no right of appeal to the court of appeals under AS 22.07.020 or to the superior court under AS 22.10.020 or AS 22.15.240.
(c) A decision of the superior court on an appeal from an administrative agency decision may be appealed to the supreme court as a matter of right.
(d) The supreme court may in its discretion review a final decision of the court of appeals on application of a party under AS 22.07.030. The supreme court may in its discretion review a final decision of the superior court on an appeal of a civil case commenced in the district court. In this subsection, “final decision” means a decision or order, other than a dismissal by consent of all parties, that closes a matter in the court of appeals or the superior court, as applicable.
(e) The supreme court may issue injunctions, writs, and all other process necessary to the complete exercise of its jurisdiction.
(f) The supreme court may, in its discretion, review a final decision of the Military Appeals Commission under AS 26.05.645 for which a sentence of confinement is imposed, the right to appeal to the Military Appeals Commission under AS 26.05.615 or AS 26.05.640 has been exhausted, and a petition for review is filed under AS 26.05.645.
2023 Alaska Statutes › Title 22. Judiciary › Chapter 05. The Supreme Court › Sec. 22.05.015. Transfer of appellate cases.

(a) The supreme court may transfer to the court of appeals for decision a case pending before the supreme court if the case is within the jurisdiction of the court of appeals.
(b) The supreme court may take jurisdiction of a case pending before the court of appeals if the court of appeals certifies to the supreme court that the case involves a significant question of law under the Constitution of the United States or under the constitution of the state or involves an issue of substantial public interest that should be determined by the supreme court.
(c) A case filed in the supreme court or in the court of appeals may not be dismissed by one court on the ground that it is within the jurisdiction of the other court. The case shall be transferred to the proper court.
2023 Alaska Statutes › Title 22. Judiciary › Chapter 05. The Supreme Court › Sec. 22.05.020. Composition and general powers of supreme court.

(a) The supreme court is a court of record and consists of five justices including the chief justice.
(b) The supreme court is vested with all power and authority necessary to carry into complete execution all its judgments, decrees, and determinations in all matters within its jurisdiction, according to the constitution, the laws of the state, and the common law.
(c) The supreme court may prescribe by rule the fees to be charged by all courts for judicial services.
2023 Alaska Statutes › Title 22. Judiciary › Chapter 05. The Supreme Court › Sec. 22.05.025. Court facilities.

(a) The supreme court has authority over
(1) all matters relating to the
(A) maintenance, occupancy, and operation of all court facilities;
(B) rent or lease of facilities for court system purposes, subject to AS 36.30.080(c); and
(C) acquisition of facilities for court system purposes by lease-purchase or lease-financing agreements, subject to AS 36.30.085; and
(2) the planning, design, and construction of court facilities but, in the exercise of its authority under this paragraph, the supreme court shall cooperate and coordinate with the Department of Transportation and Public Facilities so that court facility construction projects are carried out in accordance with the statutes and regulations applicable to state public works projects.
(b) In this section, “court facility” means a state facility in which 75 percent or more of the net usable space is occupied by the court system and other justice-related agencies.
2023 Alaska Statutes › Title 22. Judiciary › Chapter 05. The Supreme Court › Sec. 22.05.060. Seals of court.

The seal of the supreme court is a vignette of the official flag of the state with the words “Seal of the Supreme Court of the State of Alaska” surrounding the vignette. The supreme court shall prescribe by rule the seals of court for the court of appeals and for the superior and district courts.