Arkansas 2023 Regular Session

Arkansas House Bill HB1275 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 502 of the Regular Session
3	2		ANS170 03-08-2023 09:59:56 ANS170
4	3
5	4		State of Arkansas As Engrossed: H3/8/23 1
6	5		94th General Assembly A Bill 2
7	6		Regular Session, 2023 HOUSE BILL 1275 3
8	7		4
9	8		By: Representative L. Johnson 5
10	9		By: Senator Irvin 6
11	10		7
12	11		For An Act To Be Entitled 8
13	12		AN ACT TO REGULATE E LECTRONIC MEDICAL RE CORDS; TO 9
14	13		PROHIBIT A HEALTHCAR E PAYOR THAT HAS ELE CTRONIC 10
15	14		ACCESS TO MEDICAL RE CORDS FROM REQUESTIN G MEDICAL 11
16	15		RECORDS IN A DIFFERE NT FORMAT FROM A HEA LTHCARE 12
17	16		PROVIDER; AND FOR OTHER PURPOSES. 13
18	17		14
19	18		15
20	19		Subtitle 16
21	20		TO REGULATE ELECTRONIC MEDICAL RECORDS; 17
22	21		AND TO PROHIBIT A HEALTHCARE PAYOR THAT 18
23	22		HAS ELECTRONIC ACCESS TO MEDICAL RECORDS 19
24	23		FROM REQUESTING MEDICAL RECORDS IN A 20
25	24		DIFFERENT FORMAT FROM A HEALTHCARE 21
26	25		PROVIDER. 22
27	26		23
28	27		24
29	28		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 25
30	29		26
31	30		SECTION 1. Arkansas Code Title 23, Chapter 99, is amended to add an 27
32	31		additional subchapter to read as follows: 28
33	32		29
34	33		Subchapter 16 — Electronic Access of Medical Records by Healthcare Payor Act 30
35	34		31
36	35		23-99-1601. Title. 32
37	36		This subchapter shall be known and may be cited as the "Electronic 33
38	37		Access of Medical Records by Healthcare Payor Act". 34
39	38		35
40	39		23-99-1602. Definitions. 36 As Engrossed: H3/8/23 HB1275
41	40
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43	42
44	43
45	44		As used in this subchapter: 1
46	45		(1) "Authorized designee" means an entity that is: 2
47	46		(A) Designated by a healthcare payor to operate on its 3
48	47		behalf; and 4
49	48		(B) Authorized to access an enrollee's protected health 5
50	49		information under the Health Insurance Portability and Accountability Act of 6
51	50		1996, Pub. L. No. 104 -191, as it existed on January 1, 2023; 7
52	51		(2) "Enrollee" means an individual who is entitled to receive 8
53	52		healthcare services under the terms of a health benefit plan; 9
54	53		(3)(A) “Health benefit plan” means an individual, blanket, or 10
55	54		group plan, policy, or contract for healthcare services issued, renewed, or 11
56	55		extended in this state by a healthcare insurer, health maintenance 12
57	56		organization, hospital medical service corporation, or self -insured 13
58	57		governmental or church plan in this state. 14
59	58		(B) “Health benefit plan” includes: 15
60	59		(i) Indemnity and man aged care plans; and 16
61	60		(ii) Plans providing health benefits to state and 17
62	61		public school employees under § 21 -5-401 et seq. 18
63	62		(C) “Health benefit plan” does not include: 19
64	63		(i) A plan that provides only dental benefits or eye 20
65	64		and vision care benefits; 21
66	65		(ii) A disability income plan; 22
67	66		(iii) A credit insurance plan; 23
68	67		(iv) Insurance coverage issued as a supplement to 24
69	68		liability insurance; 25
70	69		(v) Medical payments under an automobile or 26
71	70		homeowners insurance plan; 27
72	71		(vi) A health benefit plan provided under Arkansas 28
73	72		Constitution, Article 5, § 32, the Workers' Compensation Law, § 11 -9-101 et 29
74	73		seq., and the Public Employee Workers' Compensation Act, § 21 -5-601 et seq.; 30
75	74		(vii) A plan that provides only indemnity for 31
76	75		hospital confinement; 32
77	76		(viii) An accident-only plan; or 33
78	77		(ix) A specified disease plan; 34
79	78		(4)(A) "Healthcare payor" means: 35
80	79		(i) A health insurance company; 36 As Engrossed: H3/8/23 HB1275
81	80
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83	82
84	83
85	84		(ii) A health maintenance organization; 1
86	85		(iii) A hospital and medical service corporation; or 2
87	86		(iv) An entity that: 3
88	87		(a) Provides or administers a self -funded 4
89	88		health benefit plan, including a governmental plan; or 5
90	89		(b) Performs utilization review for a self -6
91	90		funded health benefit plan, including a governmental plan. 7
92	91		(B) "Healthcare payor" inc ludes any entity that is subject 8
93	92		to any of the following laws: 9
94	93		(i) The insurance laws of this state; 10
95	94		(ii) Section 23-75-101 et seq., pertaining to 11
96	95		hospital and medical service corporations; or 12
97	96		(iii) Section 23-76-101 et seq., pertaining to 13
98	97		health maintenance organizations. 14
99	98		(C) "Healthcare payor" does not include an entity that 15
100	99		provides only dental benefits or eye and vision care benefits; 16
101	100		(5)(A) "Healthcare provider" means a person that is licensed, 17
102	101		certified, or otherwise authorized by the laws of this state to provide 18
103	102		healthcare services. 19
104	103		(B) "Healthcare provider" includes only: 20
105	104		(i) Advanced practice nurses; 21
106	105		(ii) Athletic trainers; 22
107	106		(iii) Audiologists; 23
108	107		(iv) Certified behavioral health providers; 24
109	108		(v) Certified orthotists; 25
110	109		(vi) Chiropractors; 26
111	110		(vii) Community mental health centers or clinics; 27
112	111		(viii) Dentists; 28
113	112		(ix) Home health care; 29
114	113		(x) Hospice care; 30
115	114		(xi) Hospital-based services; 31
116	115		(xii) Hospitals; 32
117	116		(xiii) Licensed ambulatory surgery centers; 33
118	117		(xiv) Licensed certified social workers; 34
119	118		(xv) Licensed dieticians; 35
120	119		(xvi) Licensed intellectual and developmental 36 As Engrossed: H3/8/23 HB1275
121	120
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123	122
124	123
125	124		disabilities service providers; 1
126	125		(xvii) Licensed professional counselors; 2
127	126		(xviii) Licensed psychological examiners; 3
128	127		(xix) Long-term care facilities; 4
129	128		(xx) Occupational therapists; 5
130	129		(xxi) Optometrists; 6
131	130		(xxii) Pharmacists; 7
132	131		(xxiii) Physical therapists; 8
133	132		(xxiv) Physicians and surgeons; 9
134	133		(xxv) Podiatrists; 10
135	134		(xxvi) Prosthetists; 11
136	135		(xxvii) Psychologists; 12
137	136		(xxviii) Respiratory therapists; 13
138	137		(xxix) Rural health clinics; and 14
139	138		(xxx) Speech pathologists; 15
140	139		(6) "Healthcare services" means services and products, including 16
141	140		prescription medication, provided by a healthcare provider within the scope 17
142	141		of the healthcare provider's license; 18
143	142		(7)(A) "Medical records" means the hospital or clinic records, 19
144	143		physicians' records, or other healthcare records that a healthcare provider 20
145	144		retains on an enrollee related to the enrollee's medical conditions. 21
146	145		(B) "Medical records" includes other reports, documents, 22
147	146		or records that a healthcare provider has concerning: 23
148	147		(i) The healthcare services provided to the 24
149	148		enrollee; 25
150	149		(ii) The enrollee's medical history; and 26
151	150		(iii) Prescription medications written, procedures 27
152	151		ordered, or any other information related to the patient’s overall health; 28
153	152		and 29
154	153		(8) "Prescription medication" means a drug or biologic that is 30
155	154		prescribed by a healthcare provider to an enrollee for the purpose of 31
156	155		alleviating, curing, preventing, or healing illness, injury, or physical 32
157	156		disability. 33
158	157		34
159	158		23-99-1603. Electronic access to medical records sufficient. 35
160	159		(a) A healthcare provider that provides healthcare services to an 36 As Engrossed: H3/8/23 HB1275
161	160
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163	162
164	163
165	164		enrollee may grant electroni c access to the healthcare provider's medical 1
166	165		records system to a healthcare payor or the healthcare payor's authorized 2
167	166		designee: 3
168	167		(1) To evaluate potential health care to be provided to an 4
169	168		enrollee; 5
170	169		(2) To review healthcare services already provided to an 6
171	170		enrollee; 7
172	171		(3) To make a determination on an authorization required for the 8
173	172		enrollee to receive a medically -necessary healthcare service; or 9
174	173		(4) For any other reason related to healthcare services for an 10
175	174		enrollee, including without limitation qu ality, payment, or other general 11
176	175		operations required to provide healthcare services. 12
177	176		(b) A healthcare provider is not required to provide electronic access 13
178	177		to medical records to a healthcare payor or the healthcare payor's authorized 14
179	178		designee. 15
180	179		(c) For the purposes of subdivision (a)(2) of this section, a 16
181	180		healthcare payor shall not require a healthcare provider to submit any paper, 17
182	181		facsimile, email, or other type of requested format of medical records if the 18
183	182		healthcare payor or the healthcare payor's aut horized designee has been 19
184	183		granted electronic access to the healthcare provider’s medical records unless 20
185	184		the medical records sought are not available or accessible electronically. 21
186	185		(d) If there is a dispute over access to medical records between a 22
187	186		healthcare payor and a healthcare provider, then the offer of electronic 23
188	187		access to medical records by the healthcare provider shall be deemed to 24
189	188		satisfy any request made by the healthcare payor. 25
190	189		(e) The initial grant of electronic access to a healthcare provider 's 26
191	190		medical records system under this subchapter does not initiate any timelines 27
192	191		associated with reviewing medical records. 28
193	192		29
194	193		SECTION 2. DO NOT CODIFY. EFFECTIVE DATE. This act is effective on 30
195	194		and after January 1, 2024. 31
196	195		32
197	196		/s/L. Johnson 33
198	197		34
199		-	~~APPROVED: 4/10/23~~ 35
	198	+	35
200	199		36