Arkansas 2023 Regular Session

Arkansas Senate Bill SB119 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Stricken language would be deleted from and underlined language would be added to present law.
2	2	ANS121 01/24/2023 04:50:49 PM ANS121
3	3
4	4	State of Arkansas 1
5	5	94th General Assembly A Bill 2
6	6	Regular Session, 2023 SENATE BILL 119 3
7	7	4
8	8	By: Senator Irvin 5
9	9	By: Representative L. Johnson 6
10	10	7
11	11	For An Act To Be Entitled 8
12	12	AN ACT TO CLARIFY PA YMENT FOR HEALTHCARE SERVICES 9
13	13	PERFORMED BY CERTAIN OUTPATIENT SURGERY C ENTERS; AND 10
14	14	FOR OTHER PURPOSES. 11
15	15	12
16	16	13
17	17	Subtitle 14
18	18	TO CLARIFY PAYMENT FOR HEALTHCARE 15
19	19	SERVICES PERFORMED BY CERTAIN OUTPATIENT 16
20	20	SURGERY CENTERS. 17
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23	23	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20
24	24	21
25	25	SECTION 1. Arkansas Code § 23 -79-115(a), concerning the rates of 22
26	26	insurance policy reimbursement for services, is amended to read as follows: 23
27	27	(a)(1)(A) Notwithstanding any provisions of any individual or group 24
28	28	accident and health insurance policy, or any provision of a policy, contract, 25
29	29	plan, or agreement covering hospital or medical services, in In cases in 26
30	30	which the insurer, under a policy, contract, plan, or agreement, provides for 27
31	31	payment or reimbursement for any healthcare service provided by hospitals or 28
32	32	related facilities a hospital or related facility as defined in § 20-9-201 or 29
33	33	§ 20-10-213, the person entitled to payment or reimbursement for the 30
34	34	healthcare services service under the policy, contract, plan, or agreement, 31
35	35	including without limitation a healthcare provider, is entitled to payment or 32
36	36	reimbursement on an equal basis for the healthcare service when the 33
37	37	healthcare service is provided by facilities a facility licensed as an 34
38	38	outpatient surgery centers center under §§ 20-9-214 and 20-9-215. 35
39	39	(B) Subdivision (a)(1)(A) of this section applies 36 SB119
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43	43
44	44	notwithstanding any provision of: 1
45	45	(i) An individual or group accident and health 2
46	46	insurance policy; 3
47	47	(ii) A policy, contract, plan, or agreement covering 4
48	48	hospital or medical services; 5
49	49	(iii) A network participation agreement; or 6
50	50	(iv) An agreement between an insurer and a 7
51	51	healthcare provider. 8
52	52	(2) This subsection applies to an insurance policies policy and 9
53	53	hospital service corporation contracts contract that are is delivered or 10
54	54	issued for delivery in this state more than one hundred twenty (120) days 11
55	55	after July 6, 1977, and to such any other contracts, plans, or agreements 12
56	56	contract, plan, or agreement that are is entered into or effectuated in this 13
57	57	state more than one hundred twenty (120) days after July 6, 1977, including 14
58	58	without limitation a network participation agreement or an agreement between 15
59	59	an insurer and a healthcare provider. 16
60	60	(3)(A) An insurer may consider and apply the Patient Protection 17
61	61	Act of 1995, § 23-99-201 et seq., and § 23-99-801 et seq. when setting a rate 18
62	62	for payment or reimbursement for a healthcare service that is provided by an 19
63	63	outpatient surgery center licensed under §§ 20-9-214 and 20-9-215. 20
64	64	(B) An insurer shall not set a rate for payment or 21
65	65	reimbursement for a healthcare service that is less than ninety percent (90%) 22
66	66	of the average rate of payment or reimbursement for a healthcare service by 23
67	67	an insurer under the relevant Current Procedural Terminology code for a 24
68	68	procedure billed as a hospital outpatient service for a county where the 25
69	69	outpatient surgery center licensed under §§ 20-9-214 and 20-9-215 is located. 26
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