Arkansas 2023 Regular Session

Arkansas Senate Bill SB137 Compare Versions

Only one version of the bill is available at this time.
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11 Stricken language would be deleted from and underlined language would be added to present law.
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44 State of Arkansas 1
55 94th General Assembly A Bill 2
66 Regular Session, 2023 SENATE BILL 137 3
77 4
88 By: Senator Irvin 5
99 By: Representative L. Johnson 6
1010 7
1111 For An Act To Be Entitled 8
1212 AN ACT TO MANDATE CO VERAGE FOR NECESSARY 9
1313 MAXILLOFACIAL SERVIC ES; AND FOR OTHER PU RPOSES. 10
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1616 Subtitle 13
1717 TO MANDATE COVERAGE FOR NECESSARY 14
1818 MAXILLOFACIAL SERVICES. 15
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2020 17
2121 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 18
2222 19
2323 SECTION 1. Arkansas Code Title 23, Chapter 99, Subchapter 4, is 20
2424 amended to add an additional section to read as follows: 21
2525 23-99-422. Coverage for necessary maxillofacial services — 22
2626 Definitions. 23
2727 (a) As used in this section: 24
2828 (1)(A) “Health benefit pla n” means an individual, blanket, or 25
2929 group plan, policy, or contract for healthcare services offered, issued, 26
3030 renewed, or extended in this state by a healthcare insurer, health 27
3131 maintenance organization, hospital medical service corporation, or self -28
3232 insured governmental or church plan in this state. 29
3333 (B) “Health benefit plan” includes: 30
3434 (i) Indemnity and managed care plans; and 31
3535 (ii) Plans providing health benefits to state and 32
3636 public school employees under § 21 -5-401 et seq. 33
3737 (C) “Health benefit plan” does not include: 34
3838 (i) A plan that provides only dental benefits or eye 35
3939 and vision care benefits; 36 SB137
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4444 (ii) A disability income plan; 1
4545 (iii) A credit insurance plan; 2
4646 (iv) Insurance coverage issued as a supplement to 3
4747 liability insurance; 4
4848 (v) Medical payments under an automobile or 5
4949 homeowners insurance plan; 6
5050 (vi) A health benefit plan provided under Arkansas 7
5151 Constitution, Article 5, § 32, the Workers' Compensation Law, § 11 -9-101 et 8
5252 seq., or the Public Employee Workers' Compensa tion Act, § 21-5-601 et seq.; 9
5353 (vii) A plan that provides only indemnity for 10
5454 hospital confinement; 11
5555 (viii) An accident-only plan; 12
5656 (ix) A specified disease plan; or 13
5757 (x) A program established by the Arkansas Health and 14
5858 Opportunity for Me Ac t of 2021, § 23-61-1001 et seq.; 15
5959 (2)(A) "Healthcare insurer" means any insurance company, 16
6060 hospital and medical service corporation, or health maintenance organization 17
6161 that issues or delivers health benefit plans in this state and is subject to 18
6262 any of the following laws: 19
6363 (i) The insurance laws of this state; 20
6464 (ii) Section 23-75-101 et seq., pertaining to 21
6565 hospital and medical service corporations; or 22
6666 (iii) Section 23-76-101 et seq., pertaining to 23
6767 health maintenance organizations. 24
6868 (B) "Healthcare insurer" does not include an entity that 25
6969 provides only dental benefits or eye and vision care benefits; 26
7070 (3) "Healthcare professional" means a person who is licensed, 27
7171 certified, or otherwise authorized by the laws of this state to administer 28
7272 health care in the ordinary course of the practice of his or her profession; 29
7373 (4) "Healthcare services" means services and products provided 30
7474 by a healthcare professional within the scope of the healthcare 31
7575 professional's license; and 32
7676 (5)(A) "Necessary maxillofacial services" means healthcare 33
7777 services that are used to: 34
7878 (i) Restore and manage the head and facial 35
7979 structures of an individual that are defective because of disease, trauma, or 36 SB137
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8484 birth or developmental deformities and cannot be replaced wit h living tissue; 1
8585 or 2
8686 (ii) Repair or stabilize living tissue that is 3
8787 defective because of disease, trauma, or birth or developmental deformities. 4
8888 (B) "Necessary maxillofacial services" includes only 5
8989 healthcare services used for the purpose of: 6
9090 (i) Controlling or eliminating infection; 7
9191 (ii) Controlling or eliminating pain; or 8
9292 (iii) Restoring facial configuration or functions 9
9393 including without limitation speech, swallowing, or chewing. 10
9494 (C) "Necessary maxillofacial services" does not include 11
9595 cosmetic procedures if provided to improve on the normal range of conditions. 12
9696 (b) A health benefit plan that is offered, issued, renewed, or 13
9797 extended in this state shall provide coverage for necessary maxillofacial 14
9898 services. 15
9999 (c) An exclusion fo r coverage for dental care or orthodontic services 16
100100 in a health benefit plan does not apply to necessary maxillofacial services. 17
101101 18
102102 SECTION 2. DO NOT CODIFY. EFFECTIVE DATE. This act is effective on 19
103103 and after September 1, 2023. 20
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