Stricken language would be deleted from and underlined language would be added to present law.
Act 615 of the Regular Session
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State of Arkansas As Engrossed: S2/9/23 S3/6/23 H4/3/23 1
94th General Assembly A Bill 2
Regular Session, 2023 SENATE BILL 178 3
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By: Senators K. Hammer, Irvin 5
By: Representative Vaught 6
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For An Act To Be Entitled 8
AN ACT TO AMEND THE ARKANSAS HEALTH CARE CONSUMER 9
ACT; TO PROVIDE REIM BURSEMENT AND BENEFI TS FOR MENTAL 10
ILLNESS AND SUBSTANC E USE DISORDERS THAT ARE 11
DELIVERED THROUGH A PSYCHIATRIC COLLABOR ATIVE CARE 12
MODEL; AND FOR OTHER PURPOSES. 13
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Subtitle 16
TO AMEND THE ARKANSAS HEALTH CARE 17
CONSUMER ACT; AND TO PROVIDE 18
REIMBURSEMENT AND BENEFITS FOR MENTAL 19
ILLNESS AND SUBSTANCE USE DISORDERS THAT 20
ARE DELIVERED THROUGH A PSYCHIATRIC 21
COLLABORATIVE CARE MODEL. 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, Subchapter 4, is 27
amended to add an additional section to read as follows: 28
23-99-422. Benefits for mental illness or substance use disorders 29
delivered through psychiatric collaborative care mod el — Definitions — Rules. 30
(a) As used in this section: 31
(1)(A) “Healthcare insurer” means an insurance company, hospital 32
and medical service corporation, or health maintenance organization issuing 33
or delivering health benefit plans in this state and su bject to the following 34
laws: 35
(i) The Arkansas Insurance Code; 36 As Engrossed: S2/9/23 S3/6/23 H4/3/23 SB178
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(ii) Section 23-76-101 et seq., pertaining to health 1
maintenance organizations; and 2
(iii) Section 23-75-101 et seq., pertaining to hospital 3
and medical service corporations; 4
(B) "Healthcare insurer" does not mean the Arkansas 5
Medicaid Program and Medicaid services provided under the Arkansas Medicaid 6
Program if those services are managed or reimbursed by another healthcare 7
insurer or a risk-based provider organization; and 8
(2) "Psychiatric collaborative care model" means the delivery of care 9
that is: 10
(A) An evidence-based, integrated behavioral health 11
service delivery method described at 81 Fed. Reg. 80230 -80239, as it existed 12
on March 31, 2023, and the MLN Booklet for Beha vioral Health Integration 13
Services published by the Centers for Medicare & Medicaid Services, as it 14
existed on March 31, 2023; and 15
(B) A method typically used by a primary care team 16
consisting of a primary care provider and a care manager who works in 17
collaboration with a psychiatric consultant, including without limitation a 18
psychiatrist. 19
(b) A healthcare insurer that provides benefits for the treatment of 20
mental illness or substance use disorders shall provide reimbursement for 21
those benefits if the benefits are delivered through a psychiatric 22
collaborative care model. 23
(c) The care provided by a primary care team shall: 24
(1) Be directed by the primary care team; 25
(2) Include structured care management with regular assessments 26
of clinical status using validated tools; and 27
(3) Include modification of treatment, as appropriate. 28
(d) A psychiatric consultant who participates in a primary care team 29
shall: 30
(1) Provide regular consultations to the primary care team; 31
(2) Review the clinical st atus and care of the covered person; 32
and 33
(3) Make recommendations. 34
(e)(1) A healthcare insurer may deny reimbursement for healthcare 35
services delivered through a psychiatric collaborative care model on the 36 As Engrossed: S2/9/23 S3/6/23 H4/3/23 SB178
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grounds of medical necessity only if the medical necessity determinations are 1
in compliance with state law and the Paul Wellstone and Pete Domenici Mental 2
Health Parity and Addiction Equity Act of 2008, Pub. L. No. 110 -343, § 511 et 3
seq. 4
(2) For care provided through a psychiatric collaborative ca re 5
model, a healthcare insurer shall not: 6
(A) Place a benefit limitation or cap on the amount of 7
time, number of units, or dollar payments for care manager activities in any 8
month in a manner that is contrary to state law or the Paul Wellstone and 9
Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, Pub. L. 10
No. 110-343, § 511 et seq.; 11
(B) Limit the ability of federally qualified health 12
centers or rural health clinics to receive reimbursement; 13
(C) Impose any licensure requirements enacted by state or 14
federal law for a care manager; 15
(D) Limit the age of a patient for whom the care is a 16
covered service; or 17
(E) Limit coverage to a patient with a specific diagnosis. 18
(f)(1) The Arkansas Medicaid Program may: 19
(A) Apply for a grant for a psychiatric 20
collaborative care model; and 21
(B) Work in consultation with nongovernmental 22
entities that are recognized to have expertise in psychiatric collaborative 23
care models. 24
(2) Beginning on September 1, 2023, and on a quarterly basis 25
thereafter, the Arkansas Medicaid Program shall report to the Senate 26
Committee on Insurance and Commerce and the House Committee on Insurance and 27
Commerce concerning the progress and activities under subdivision (f)(1) of 28
this section. 29
(g) The Insurance Commissioner may promulgate rules necessary to 30
implement this section. 31
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SECTION 2. DO NOT CODIFY. EFFECTIVE DATE. This act is effective on 33
and after October 1, 2023. 34
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36 As Engrossed: S2/9/23 S3/6/23 H4/3/23 SB178
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APPROVED: 4/11/23 2
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