Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1052 3
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By: Representatives Gramlich, L. Johnson 5
By: Senator J. Boyd 6
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For An Act To Be Entitled 8
AN ACT TO MANDATE COVERAGE FOR CERTAIN RESPIRATORY 9
SYNCYTIAL VIRUS DISEASE IMMUNIZATION TECHNOLOGIES FOR 10
CERTAIN INDIVIDUALS; AND FOR OTHER PURPOSES. 11
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Subtitle 14
TO MANDATE COVERAGE FOR CERTAIN 15
RESPIRATORY SYNCYTIAL VIRUS DISEASE 16
IMMUNIZATION TECHNOLOGIES FOR CERTAIN 17
INDIVIDUALS. 18
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20
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SECTION 1. Arkansas Code Title 23, Chapter 79, is amended to add an 22
additional subchapter to read as follows: 23
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Subchapter 29 — Coverage for Monoclonal Antibodies for Immunization of 25
Respiratory Syncytial Virus Disease 26
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23-79-2901. Definitions. 28
As used in this subchapter: 29
(1)(A) "Health benefit plan" means: 30
(i) An individual, blanket, or group plan or a policy 31
or contract for healthcare services offered, issued, renewed, delivered, or 32
extended in this state by a healthcare insurer; and 33
(ii) A health benefit program receiving state or 35 34
federal appropriations from the State of Arkansas, including the Arkansas 35
Medicaid Program and the Arkansas Health and Opportunity for Me Program, § 36 HB1052
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23-61-1001 et seq., or any successor program. 1
(B) “Health benefit plan” includes: 2
(i) Indemnity and managed care plans; and 3
(ii) Nonfederal governmental plans as defined in 29 4
U.S.C. § 1002(32), as it existed on January 1, 2025. 5
(C) “Health benefit plan” does not include: 6
(i) A plan that provides only dental benefits or eye 7
8 and vision care benefits; 8
(ii) A disability income plan; 9
(iii) A credit insurance plan; 10
(iv) Insurance coverage issued as a supplement to 11
liability insurance; 12
(v) A medical payment under an automobile or 13
homeowners insurance plan; 14
(vi) A health benefit plan provided under Arkansas 15
Constitution, Article 5, § 32, the Workers' Compensation Law, § 11 -9-101 et 16
17 seq., or the Public Employee Workers' Compensation Act, § 21 -5-601 et 17
seq.; 18
(vii) A plan that provides only indemnity for 19 19
hospital confinement; 20
(viii) An accident-only plan; 21
(ix) A specified disease plan; or 22
(x) A long-term-care-only plan; 23
(2)(A) "Healthcare insurer" means an entity subject to the 24
insurance laws of this state or the jurisdiction of the Insurance 25
Commissioner that contracts or offers to contract to provide health insurance 26
coverage, including without limitation an insurance company, a hospital and 27
medical service corporation, a health maintenance organization, a self - 28
insured governmental or church plan in this state, or the Arkansas Medicaid 29
Program. 30
(B) "Healthcare insurer" does not include an entity that 31
provides only dental benefits or eye and vision care benefits; 32
(3) "Infant" means a child less than eight (8) months old; and 33
(4) "Respiratory syncytial virus disease" means a respiratory infection 34
of the nose, throat, and lungs caused by the respiratory syncytial virus. 35
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23-79-2902. Coverage for monoclonal antibodies for immunization — 1
Respiratory syncytial virus disease. 2
(a) Beginning on and after January 1, 2026, a health benefit plan that 3
is offered, issued, renewed, delivered, or extended in this state shall 4
provide coverage for monoclonal antibodies for immunization of respiratory 5
syncytial virus disease of an infant under guidelines issued by the United 6
States Food and Drug Administration. 7
(b) The coverage for monoclonal antibodies for immunization of 8
respiratory syncytial virus disease of an infant under subsection (a) of this 9
section: 10
(1) Is not subject to an annual deductible, copayment, or 11
coinsurance limit as established for other covered benefits under a health 12
benefit plan; and 13
(2) Does not diminish or limit benefits otherwise allowable under 14
a health benefit plan. 15
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SECTION 2. TEMPORARY LANGUAGE. DO NOT CODIFY. Rules. 17
(a)(1) Except as provided in subdivisions (a)(2) and (3) of this 18
section, the Insurance Commissioner shall promulgate rules necessary to 19
implement this act. 20
(2) The Secretary of the Department of Human Services shall 21
promulgate rules necessary to implement this act that may apply to the 22
Arkansas Medicaid Program or the Arkansas Health and Opportunity for Me 23
Program, § 23-61-1001 et seq. 24
(3) The State Board of Finance shall promulgate rules necessary 25
to implement this act that may apply to the State and Public School Life and 26
Health Insurance Program. 27
(b) When adopting the initial rules required under this act, the 28
commissioner, secretary, and the board shall file the final rules with the 29
Secretary of State for adoption under § 25 -15-204(f): 30
(1) On or before January 1, 2026; or 31
(2) If approval under § 10 -3-309 has not occurred by January 1, 32
2026, as soon as practicable after approval under § 10 -3-309. 33
(c) The commissioner, secretary, and board shall file the proposed 34
rules with the Legislative Council under § 10 -3-309(c) sufficiently in 35
advance of January 1, 2026, so that the Legislative Council may consider the 36 HB1052
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rules for approval before January 1, 2026. 1
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