Alaska

Alaska - Compensation & Benefit Legislation

ALASKA - AASHOWME

Demonstrates www.BenefitsReview.com™. Illustrates insurance carriers' coverages within the State.

ALASKA - ADOPTED CHILD HEALTH CARE MANDATE

OBRA 1993 (Federal) requires group health plans to honor medical and child support orders. Also, plans must treat adopted children like biological children covered by the plan, and plans are precluded from applying pre-existing condition exclusions to an adopted child where no such exclusion applies to a newborn biological child. Health plans that covered the cost of pediatric vaccines as of May 1, 1993, and fail to continue that level of coverage, will be subject to an excise tax penalty applicable to plans that fail to meet the health care continuation coverage requirements under OBRA 1993.

Mandatory coverage of birth of adopted children is included in state's newborn health care mandate.

Preventive care for children: No.

(Alaska Stat. Section 21.42-345)

ALASKA - ALCOHOLISM & DRUG ABUSE

Mandatory coverage.

Minimum yearly inpatient coverage: $9,600 over 24 months for inpatient and outpatient combined.

Minimum yearly outpatient coverage: $7,000 over 24 months for inpatient and outpatient combined.

Minimum lifetime coverage: $19,200. (Alaska Statute Section 21.42.365.)

ALASKA - CAFETERIA PLAN TAX LAWS

State income tax, unemployment insurance tax on salary reduction: No. Alaska has no personal income tax. Cafeteria plan contributions are not taxable for state Unemployment Insurance purposes.

ALASKA - CONTINUATION OF COVERAGE CONVERSIONS

State reports no statutory requirements.

ALASKA - COORDINATION OF BENEFITS

Urges use of the birthday rule if coordinating benefits (effective 7/1/85). Based on 1984 National Association of Insurance Commissioner Rules model. (Alaska Bulletin No. 85-3)

ALASKA - COST-OF-LIVING

ERI's Relocation Assessor™ is a recommended source for U.S./Canadian cost-of-living data and U.S. Automobile Cost Survey.

ALASKA - DRUG TESTING AND EMPLOYEE ASSISTANCE BENEFITS

Who is Covered by Statute: Employers with one or more employees.

Applicant Testing: Applicant testing is allowed.

Employee Testing: Employee testing is allowed.

How Test Results are Used: Employer may take adverse employment action based upon positive drug test or refusal of employee to provide a drug testing sample.

Enforcement of Statutes: State has no statutory requirements.

Employee Remedies: Employee may bring action for defamation of character, libel or slander if results were disclosed to a person other than employer, authorized agent, tested employee, or tested applicant.

Employer Penalties: Employer is not liable for monetary damages if employer's reliance on a false positive test was reasonable and in good faith.

Who Pays for Testing: Employer shall pay cost of drug testing and all reasonable costs incurred in traveling to test site if other than employee's normal work location.

Employee Assistance Benefits: State has no statutory requirements.

Other Requirements: None.

(Alaska Stat. Sections 23.10.600-23.10.699)

ALASKA - GROUP HEALTH CODE ADDITIONS (MANDATED)

Alcohol and Drug Abuse Treatment: Policies must provide benefits of at least $7,000 over two consecutive years and lifetime benefits of at least $14,000 to be adjusted every three years based upon the Consumer Price Index. Provisions on deductibles and co-payments, claim payment methodology, pre-notification of treatment, second opinion, and coverage limitations such as those on pre-existing illnesses must be the same as for other covered illnesses. Policies may not limit services to inpatient or outpatient treatment, deny reimbursement because treatment is interrupted or not completed, or exclude coverage of medically necessary treatment such as medical or psychiatric evaluation, family therapy, counseling, or prescription drugs received at approved treatment facility. Coverage optional for employers with fewer than 20 employees. (Alaska Stat. Sections 21.42.365, .42.89, 47.37.140)

Cervical Cancer Screening: Health care providers, including HMOs, must cover annual pap smears for individuals 18 years of age and over. (S253, 1996) (Alaska Stat. Section 21.42)

Mammography Screening: An insurer shall provide coverage for low-dose mammography screening if the policy or contract covers mastectomies, prosthetic devices and reconstructive surgery incident to mastectomies. Minimum required coverage shall include a baseline mammogram for anyone at least 35 but less than 40 years of age; one mammogram every two years for anyone at least 40 but less than 50 years of age; an annual mammogram for anyone at least 50 years of age; a mammogram at any age for anyone with a history of breast cancer or whose parent or sibling has a history of breast cancer, upon physician referral. Coverage must be as favorable as for other radiological examinations and is subject to standard policy provisions applicable to other benefits such as deductibles and co-payment provisions. (Alaska Stat. Sections 21.42.375(a)-(c))

Maternity: Health care insurers (including HMOs) providing coverage for childbirth must make available benefits for hospitalization or medical care following childbirth for not less than 48 hours after a vaginal birth and 96 hours after a caesarean birth; health care services for mother and baby may be discontinued earlier than time allowances specified pending agreement between a mother and her health care provider. (S193, 1996) (Alaska Stat. Section 21.42.347)

Newborns: Policies providing family coverage must provide benefits for newborns from the moment of birth for injury or sickness including treatment of medically diagnosed congenital defects and birth abnormalities. (Alaska Stat. Section 21.42.345.)

Policies for Small Employers: Alcohol and drug abuse treatment: Benefits required under §21.42.365 are optional for policies for employers who employ fewer than 20 full-time employees for each working day during each of at least 20 calendar workweeks in either the current calendar year or the preceding calendar year. (Alaska Stat. Section 21.42.365(d))

Prostate Cancer Screening: Health care providers, including HMOs must cover costs for annual prostate screening tests--antigen blood tests or other tests which are equivalent or better in cancer detection--for high-risk individuals (those who are African-American or those who have a family history of prostate cancer) and for those who are at least 40 years of age but less than 50 years of age; coverage for annual screening tests also must be provided for persons 50 years of age and over. If recommended by a physician, coverage for a prostate antigen blood test must be provided to an individual even though the person previously has undergone a digital rectal exam with negative results. (S253,1996) (Alaska Stat. Section 21.42)

Providers: Midwives: Policies that cover physician services during pregnancy, childbirth, and the period after childbirth must cover the same services provided by an advanced nurse practitioner certified as a nurse midwife. (Alaska Stat. Section 21.42.355) Optometrists: Policies that cover costs of services within the lawful scope of practice of a licensed optometrist must provide reimbursement if those services are rendered by an optometrist. (Alaska Stat. Section 21.89.040) Health maintenance organizations must use uniform claims forms. (Alaska Stat. Section 21.06.085) Mobile Intensive Care Paramedics, Physician Assistants, and Emergency Medical Technicians: Determination and pronouncement of death of an individual may be made by persons in these job classifications if they are members of certified emergency medical services teams; such pronouncement may be made only if persons in these job classifications are unable to contact a physician, and if they determine that a person has sustained irreversible cessation of circulatory and respiratory functions. Physicians, Physician Assistants, Registered Nurses, Practical Nurses, or Emergency Medical Technicians: Blood may be drawn by such individuals for testing purposes. (H480, 1996) (Alaska Stat. Sections 08.64.107, 18.08.089)

ALASKA - GROUP HEALTH FOR SMALL EMPLOYERS

For insurance plans offered to small employers:

Eligibility Criteria: Employers with 2-25 employees, the majority within the state.

Restrictions on premiums: Yes.

Restrictions on cancellation: Yes.

Pre-existing Conditions: Plan may not deny benefits for a covered individual for losses incurred more than 12 months following the effective date of coverage for a pre-existing condition.

Other: Small employers must be offered a basic and standard health plan.

(Alaska Stat. Sections 21.56.110, 21.56.120, 21.56.130, 21.56.140, 21.56.150, 21.56.250.)

ALASKA - GROUP LIFE CODE ADDITIONS

Employer required to pay part of premium: No.

Percent of employees who must elect coverage (if employees pay part of premium): No statutory requirements.

Percent of employees who must be covered if employer pays all of premium: No statutory requirements.

Minimum number of employees in group plan: 2.

Employer prohibited as beneficiary: No.

Grace period (days): 31.

Mandatory conversion: Yes.

Other provisions: None. (Alaska Stat. Sections 21.48.010, 21.48.110, 21.48.180)

ALASKA - HOLIDAYS

January 1, Washington's Birthday (or 3rd Monday in February), Memorial Day (or last Monday in May), July 4, Labor Day (or 1st Monday in September), Veterans Day, and December 25 are state holidays in all 50 states and in the District of Columbia. Other holidays under State law include: Martin Luther King's birthday (or 3rd Monday in January), Thanksgiving, Sunday. Other: Any day appointed by the Governor or President. If holiday falls on Sunday, Sunday and Monday are both legal holidays; if holiday falls on Saturday, Saturday and preceding Friday are both legal holidays. (Alaska Stat. Sections 44.12.010-44.12-085)

ALASKA - IMMIGRATION (PREVAILING WAGE POLICY)

See U.S. Federal General Administrative Letter 1-2000

ALASKA - JURY DUTY & WITNESS TIME OFF

Employer Restriction For Discharging Employee For Taking Leave For Jury Service: Yes.

Remedies and Penalties: Employee can bring civil action for lost wages, other damages, and reinstatement.

Other Requirements: Employer is not required to pay employee for time spent in jury service. (Alaska Stat. Section 09.20.037)

Employer Restriction For Discharging Employee For Taking Leave to be a Witness: Yes, in criminal cases if the employee was the crime victim.

Remedies and Penalties: Employee may bring civil action for actual damages and may recover punitive damages of 3 times actual damages.

Other Requirements: Leave does not have to be paid. (Alaska Stat. Section 12.61.017)

ALASKA - LEAVES OF ABSENCE

Employers Subject to Leave Laws: those with more than 21 employees.

Employee Eligibility: Employee must be employed at least 35 hours/week or at least 6 consecutive months or for at least 17.5 hours/week for at least 12 consecutive months.

Maximum Length of Leave: For health leave: 18 weeks in any 24-month period. For pregnancy or birth/adoption of a child, 18 weeks in any 12-month period.

Effect of Leave on Benefits: During the leave, employer may require employee to pay all or part of cost of group health coverage.

Employment Status after Leave: Employee is entitled to reinstatement in the same or equivalent position held prior to leave. Employee may use any accrued paid leave. If both spouses are employed at the same location and both request time off to care for a child or parent, employer may deny the request of one spouse. (Alaska Stat. Sections. 23.10.500, 23.10.510, 23.10.550)

See U.S. Federal Family and Medical Leave Act

ALASKA - LONG TERM DISABILITY CODE ADDITIONS

State does not require employer to provide long term disability benefits; although many employers do in order to remain competitive in hiring/retention of employees.

See LEAVES OF ABSENCE (above) & WORKERS' COMPENSATION (below) and

See U.S. Federal Americans With Disabilities Act

ALASKA - MANDATED PROVIDERS

Optometrists, chiropractors, dentists, psychologists, social workers, nurse practitioners and midwives. Mandatory coverage for osteopaths, naturopaths, physical therapists, and occupational therapists. (Alaska Stat. Sections 21.42.355, 21-42-385)

ALASKA - MENTAL HEALTH CARE

Employer option, for large employers.

Minimum lifetime coverage: No less than coverage for physical illness. (Alaska Stat. 21.54-150)

ALASKA - MINIMUM WAGE

$5.65 per hour (effective September 1997).

Exemptions: Professionals, agriculture, domestic workers, outside sales, students, apprentices, handicapped in special environments. (Alaska Stat. Sections 23.10.055, 23.10.065, 23.10.070, 23.10.360)

See U.S. Minimum Wage

ALASKA - NEW HIRE REPORTING

Who is required to report: All employers.

Who must be reported: All new employees and rehires.

Exempt from reporting: No exemptions.

Form(s) to file: W-4 form or approved employer developed form.

Filing deadline: Within 20 days of hire.

Employer information to be included: Name, address, and employment security reference number or unified business identification number.

Employee information to be included: Name, address, SSN, and date of birth.

Penalty for failure to report: Fine of $10 per employee ($100 if conspiracy) may be imposed.

(Alaska Stat. Section 25.27.075)

ALASKA - NEWBORN CARE MANDATE

Mandated coverage.

Preventive care for children: No. (Alaska Stat. Section 21.42-345)

ALASKA - OVERTIME COMPENSATION REQUIREMENTS

Over 8 hours per day, 40 hours per week (pending U.S. Department of Labor approval).

ALASKA - PARENTAL LEAVE

Employers Subject to Leave Laws: Those with more than 21 employees.

Employee Eligibility: Employee must be employed at least 35 hours/week or at least 6 consecutive months or for at least 17.5 hours/week for at least 12 consecutive months.

Maximum Length of Leave: For health leave 18 weeks in any 24-month period. For pregnancy or birth/adoption of a child, 18 weeks in any 12-month period.

Effect of Leave on Benefits: During the leave, employer may require employee to pay all or part of cost of group health coverage.

See U.S. Federal Family and Medical Leave Act

ALASKA - PRE-EXISTING CONDITIONS

Plan may not deny benefits for covered individual for losses incurred more than 12 months following effective date of coverage for a pre-existing condition. (Alaska Stat. Sections 21.56.110, 21.56.120, 21.56.130, 21.56.140, 21.56.150, 21.56.250)

See U.S. Federal HEALTH INSURANCE PORTABILITY & ACCOUNTABILITY ACT

ALASKA - PROTECTED CLASSIFICATIONS

Age: Yes.

Race: Yes.

Color: Yes.

National Origin: Yes.

Ancestry: Yes.

Religion: Yes.

Sex: Yes.

Pregnancy: Yes.

Sexual Harassment: No specific law. State has expressed policy against discrimination.

(Alaska Stat. Sections 18.80.200, 18.80.220, 18.80.300.)

ALASKA - SALARY SURVEY

ERI's Relocation Assessor™ is a recommended source for U.S./Canadian wages & salaries (covering 3,000 positions).

ALASKA - SHORT TERM DISABILITY CODE ADDITIONS

State does not require employer or employee participation in short term disability plans.

ALASKA - TERMINATION & SEVERANCE PAY

Date pay is due if employee is discharged: Within 3 days.

Date due if employee resigns: Within 3 days.

Wages: Yes, wages or other compensation.

Vacation Pay: No.

Holiday: No.

Sick leave: No.

Severance: No. (Alaska Stat. Section 23.05.140)

ALASKA - UNEMPLOYMENT TAX

Employer Contributions:

Tax Rate (%):

Standard: 5.4
Maximum: 6.5
Minimum: 1.0

Voluntary Contribution Provision: No. State reports no statutory requirements

(Alaska Stat. Sections 23.050.080, 23.20.170, 23.20.270, 23.20.310).

ALASKA - VACATION PAY

See TERMINATION & SEVERANCE PAY (above)

ALASKA - VOTING TIME OFF

Yes. 2 hours if the employee does not have 2 consecutive hours off while the polls are open. Leave will be paid. (Alaska Stat. Section 15.56.100)

ALASKA - WORKERS' COMPENSATION

Private Employers: Mandatory as to all employments, including elected or appointed corporate executive officers. Coverage of partners or sole proprietors is elective.

Public Employers: Mandatory as to state and political subdivisions, members of state boards and commissions and members of state organized militia, and volunteer medical technicians. Includes regular firefighters if not prohibited by local law. Voluntary as to executive officers of municipal corporations.

Exceptions: Part-time baby sitters, cleaning persons, harvest help, or similar transient help; entertainers employed on a contractual basis; and commercial fishers, and certain taxi-cab drivers.

Special Coverage Provisions: Voluntary as to executive officers of a charitable, religious, educational, or other non-profit corporation. Specialty contractors must maintain coverage in order to obtain or renew registration. (U.S. Chamber of Commerce, 1994 Analysis of Workers' Compensation Laws.)