Stricken language would be deleted from and underlined language would be added to present law.
Act 502 of the Regular Session
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State of Arkansas As Engrossed: H3/8/23 1
94th General Assembly A Bill 2
Regular Session, 2023 HOUSE BILL 1275 3
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By: Representative L. Johnson 5
By: Senator Irvin 6
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For An Act To Be Entitled 8
AN ACT TO REGULATE E LECTRONIC MEDICAL RE CORDS; TO 9
PROHIBIT A HEALTHCAR E PAYOR THAT HAS ELE CTRONIC 10
ACCESS TO MEDICAL RE CORDS FROM REQUESTIN G MEDICAL 11
RECORDS IN A DIFFERE NT FORMAT FROM A HEA LTHCARE 12
PROVIDER; AND FOR OTHER PURPOSES. 13
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Subtitle 16
TO REGULATE ELECTRONIC MEDICAL RECORDS; 17
AND TO PROHIBIT A HEALTHCARE PAYOR THAT 18
HAS ELECTRONIC ACCESS TO MEDICAL RECORDS 19
FROM REQUESTING MEDICAL RECORDS IN A 20
DIFFERENT FORMAT FROM A HEALTHCARE 21
PROVIDER. 22
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 25
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SECTION 1. Arkansas Code Title 23, Chapter 99, is amended to add an 27
additional subchapter to read as follows: 28
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Subchapter 16 — Electronic Access of Medical Records by Healthcare Payor Act 30
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23-99-1601. Title. 32
This subchapter shall be known and may be cited as the "Electronic 33
Access of Medical Records by Healthcare Payor Act". 34
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23-99-1602. Definitions. 36 As Engrossed: H3/8/23 HB1275
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As used in this subchapter: 1
(1) "Authorized designee" means an entity that is: 2
(A) Designated by a healthcare payor to operate on its 3
behalf; and 4
(B) Authorized to access an enrollee's protected health 5
information under the Health Insurance Portability and Accountability Act of 6
1996, Pub. L. No. 104 -191, as it existed on January 1, 2023; 7
(2) "Enrollee" means an individual who is entitled to receive 8
healthcare services under the terms of a health benefit plan; 9
(3)(A) “Health benefit plan” means an individual, blanket, or 10
group plan, policy, or contract for healthcare services issued, renewed, or 11
extended in this state by a healthcare insurer, health maintenance 12
organization, hospital medical service corporation, or self -insured 13
governmental or church plan in this state. 14
(B) “Health benefit plan” includes: 15
(i) Indemnity and managed care plans; and 16
(ii) Plans providing health benefits to state and 17
public school employees under § 21 -5-401 et seq. 18
(C) “Health benefit plan” does not include: 19
(i) A plan that provides only dental benefits or eye 20
and vision care benefits; 21
(ii) A disability income plan; 22
(iii) A credit insurance plan; 23
(iv) Insurance coverage issued as a supplement to 24
liability insurance; 25
(v) Medical payments under an automobile or 26
homeowners insurance plan; 27
(vi) A health benefit plan provided under Arkansas 28
Constitution, Article 5, § 32, the Workers' Compensation Law, § 11 -9-101 et 29
seq., and the Public Employee Workers' Compensation Act, § 21 -5-601 et seq.; 30
(vii) A plan that provides only indemnity for 31
hospital confinement; 32
(viii) An accident-only plan; or 33
(ix) A specified disease plan; 34
(4)(A) "Healthcare payor" means: 35
(i) A health insurance company; 36 As Engrossed: H3/8/23 HB1275
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(ii) A health maintenance organization; 1
(iii) A hospital and medical service corporation; or 2
(iv) An entity that: 3
(a) Provides or administers a self -funded 4
health benefit plan, including a governmental plan; or 5
(b) Performs utilization review for a self -6
funded health benefit plan, including a governmental plan. 7
(B) "Healthcare payor" includes any entity that is subject 8
to any of the following laws: 9
(i) The insurance laws of this state; 10
(ii) Section 23-75-101 et seq., pertaining to 11
hospital and medical service corporations; or 12
(iii) Section 23-76-101 et seq., pertaining to 13
health maintenance organizations. 14
(C) "Healthcare payor" does not include an entity that 15
provides only dental benefits or eye and vision care benefits; 16
(5)(A) "Healthcare provider" means a person that is licensed, 17
certified, or otherwise authorized by the laws of this state to provide 18
healthcare services. 19
(B) "Healthcare provider" includes only: 20
(i) Advanced practice nurses; 21
(ii) Athletic trainers; 22
(iii) Audiologists; 23
(iv) Certified behavioral health providers; 24
(v) Certified orthotists; 25
(vi) Chiropractors; 26
(vii) Community mental health centers or clinics; 27
(viii) Dentists; 28
(ix) Home health care; 29
(x) Hospice care; 30
(xi) Hospital-based services; 31
(xii) Hospitals; 32
(xiii) Licensed ambulatory surgery centers; 33
(xiv) Licensed certified social workers; 34
(xv) Licensed dieticians; 35
(xvi) Licensed intellectual and developmental 36 As Engrossed: H3/8/23 HB1275
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disabilities service providers; 1
(xvii) Licensed professional counselors; 2
(xviii) Licensed psychological examiners; 3
(xix) Long-term care facilities; 4
(xx) Occupational therapists; 5
(xxi) Optometrists; 6
(xxii) Pharmacists; 7
(xxiii) Physical therapists; 8
(xxiv) Physicians and surgeons; 9
(xxv) Podiatrists; 10
(xxvi) Prosthetists; 11
(xxvii) Psychologists; 12
(xxviii) Respiratory therapists; 13
(xxix) Rural health clinics; and 14
(xxx) Speech pathologists; 15
(6) "Healthcare services" means services and products, including 16
prescription medication, provided by a healthcare provider within the scope 17
of the healthcare provider's license; 18
(7)(A) "Medical records" means the hospital or clinic records, 19
physicians' records, or other healthcare records that a healthcare provider 20
retains on an enrollee related to the enrollee's medical conditions. 21
(B) "Medical records" includes other reports, documents, 22
or records that a healthcare provider has concerning: 23
(i) The healthcare services provided to the 24
enrollee; 25
(ii) The enrollee's medical history; and 26
(iii) Prescription medications written, procedures 27
ordered, or any other information related to the patient’s overall health; 28
and 29
(8) "Prescription medication" means a drug or biologic that is 30
prescribed by a healthcare provider to an enrollee for the purpose of 31
alleviating, curing, preventing, or healing illness, injury, or physical 32
disability. 33
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23-99-1603. Electronic access to medical records sufficient. 35
(a) A healthcare provider that provides healthcare services to an 36 As Engrossed: H3/8/23 HB1275
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enrollee may grant electroni c access to the healthcare provider's medical 1
records system to a healthcare payor or the healthcare payor's authorized 2
designee: 3
(1) To evaluate potential health care to be provided to an 4
enrollee; 5
(2) To review healthcare services already provided to an 6
enrollee; 7
(3) To make a determination on an authorization required for the 8
enrollee to receive a medically -necessary healthcare service; or 9
(4) For any other reason related to healthcare services for an 10
enrollee, including without limitation qu ality, payment, or other general 11
operations required to provide healthcare services. 12
(b) A healthcare provider is not required to provide electronic access 13
to medical records to a healthcare payor or the healthcare payor's authorized 14
designee. 15
(c) For the purposes of subdivision (a)(2) of this section, a 16
healthcare payor shall not require a healthcare provider to submit any paper, 17
facsimile, email, or other type of requested format of medical records if the 18
healthcare payor or the healthcare payor's aut horized designee has been 19
granted electronic access to the healthcare provider’s medical records unless 20
the medical records sought are not available or accessible electronically. 21
(d) If there is a dispute over access to medical records between a 22
healthcare payor and a healthcare provider, then the offer of electronic 23
access to medical records by the healthcare provider shall be deemed to 24
satisfy any request made by the healthcare payor. 25
(e) The initial grant of electronic access to a healthcare provider 's 26
medical records system under this subchapter does not initiate any timelines 27
associated with reviewing medical records. 28
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SECTION 2. DO NOT CODIFY. EFFECTIVE DATE. This act is effective on 30
and after January 1, 2024. 31
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/s/L. Johnson 33
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APPROVED: 4/10/23 35
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