Arkansas 2025 Regular Session

Arkansas House Bill HB1052 Compare Versions

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11 Stricken language would be deleted from and underlined language would be added to present law.
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33 State of Arkansas 1
44 95th General Assembly A Bill 2
55 Regular Session, 2025 HOUSE BILL 1052 3
66 4
77 By: Representatives Gramlich, L. Johnson 5
88 By: Senator J. Boyd 6
99 7
1010 For An Act To Be Entitled 8
1111 AN ACT TO MANDATE COVERAGE FOR CERTAIN RESPIRATORY 9
1212 SYNCYTIAL VIRUS DISEASE IMMUNIZATION TECHNOLOGIES FOR 10
1313 CERTAIN INDIVIDUALS; AND FOR OTHER PURPOSES. 11
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1616 Subtitle 14
1717 TO MANDATE COVERAGE FOR CERTAIN 15
1818 RESPIRATORY SYNCYTIAL VIRUS DISEASE 16
1919 IMMUNIZATION TECHNOLOGIES FOR CERTAIN 17
2020 INDIVIDUALS. 18
2121 19
2222 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20
2323 21
2424 SECTION 1. Arkansas Code Title 23, Chapter 79, is amended to add an 22
2525 additional subchapter to read as follows: 23
2626 24
2727 Subchapter 29 — Coverage for Monoclonal Antibodies for Immunization of 25
2828 Respiratory Syncytial Virus Disease 26
2929 27
3030 23-79-2901. Definitions. 28
3131 As used in this subchapter: 29
3232 (1)(A) "Health benefit plan" means: 30
3333 (i) An individual, blanket, or group plan or a policy 31
3434 or contract for healthcare services offered, issued, renewed, delivered, or 32
3535 extended in this state by a healthcare insurer; and 33
3636 (ii) A health benefit program receiving state or 35 34
3737 federal appropriations from the State of Arkansas, including the Arkansas 35
3838 Medicaid Program and the Arkansas Health and Opportunity for Me Program, § 36 HB1052
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4141 23-61-1001 et seq., or any successor program. 1
4242 (B) “Health benefit plan” includes: 2
4343 (i) Indemnity and managed care plans; and 3
4444 (ii) Nonfederal governmental plans as defined in 29 4
4545 U.S.C. § 1002(32), as it existed on January 1, 2025. 5
4646 (C) “Health benefit plan” does not include: 6
4747 (i) A plan that provides only dental benefits or eye 7
4848 8 and vision care benefits; 8
4949 (ii) A disability income plan; 9
5050 (iii) A credit insurance plan; 10
5151 (iv) Insurance coverage issued as a supplement to 11
5252 liability insurance; 12
5353 (v) A medical payment under an automobile or 13
5454 homeowners insurance plan; 14
5555 (vi) A health benefit plan provided under Arkansas 15
5656 Constitution, Article 5, § 32, the Workers' Compensation Law, § 11 -9-101 et 16
5757 17 seq., or the Public Employee Workers' Compensation Act, § 21 -5-601 et 17
5858 seq.; 18
5959 (vii) A plan that provides only indemnity for 19 19
6060 hospital confinement; 20
6161 (viii) An accident-only plan; 21
6262 (ix) A specified disease plan; or 22
6363 (x) A long-term-care-only plan; 23
6464 (2)(A) "Healthcare insurer" means an entity subject to the 24
6565 insurance laws of this state or the jurisdiction of the Insurance 25
6666 Commissioner that contracts or offers to contract to provide health insurance 26
6767 coverage, including without limitation an insurance company, a hospital and 27
6868 medical service corporation, a health maintenance organization, a self - 28
6969 insured governmental or church plan in this state, or the Arkansas Medicaid 29
7070 Program. 30
7171 (B) "Healthcare insurer" does not include an entity that 31
7272 provides only dental benefits or eye and vision care benefits; 32
7373 (3) "Infant" means a child less than eight (8) months old; and 33
7474 (4) "Respiratory syncytial virus disease" means a respiratory infection 34
7575 of the nose, throat, and lungs caused by the respiratory syncytial virus. 35
7676 36 HB1052
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7979 23-79-2902. Coverage for monoclonal antibodies for immunization — 1
8080 Respiratory syncytial virus disease. 2
8181 (a) Beginning on and after January 1, 2026, a health benefit plan that 3
8282 is offered, issued, renewed, delivered, or extended in this state shall 4
8383 provide coverage for monoclonal antibodies for immunization of respiratory 5
8484 syncytial virus disease of an infant under guidelines issued by the United 6
8585 States Food and Drug Administration. 7
8686 (b) The coverage for monoclonal antibodies for immunization of 8
8787 respiratory syncytial virus disease of an infant under subsection (a) of this 9
8888 section: 10
8989 (1) Is not subject to an annual deductible, copayment, or 11
9090 coinsurance limit as established for other covered benefits under a health 12
9191 benefit plan; and 13
9292 (2) Does not diminish or limit benefits otherwise allowable under 14
9393 a health benefit plan. 15
9494 16
9595 SECTION 2. TEMPORARY LANGUAGE. DO NOT CODIFY. Rules. 17
9696 (a)(1) Except as provided in subdivisions (a)(2) and (3) of this 18
9797 section, the Insurance Commissioner shall promulgate rules necessary to 19
9898 implement this act. 20
9999 (2) The Secretary of the Department of Human Services shall 21
100100 promulgate rules necessary to implement this act that may apply to the 22
101101 Arkansas Medicaid Program or the Arkansas Health and Opportunity for Me 23
102102 Program, § 23-61-1001 et seq. 24
103103 (3) The State Board of Finance shall promulgate rules necessary 25
104104 to implement this act that may apply to the State and Public School Life and 26
105105 Health Insurance Program. 27
106106 (b) When adopting the initial rules required under this act, the 28
107107 commissioner, secretary, and the board shall file the final rules with the 29
108108 Secretary of State for adoption under § 25 -15-204(f): 30
109109 (1) On or before January 1, 2026; or 31
110110 (2) If approval under § 10 -3-309 has not occurred by January 1, 32
111111 2026, as soon as practicable after approval under § 10 -3-309. 33
112112 (c) The commissioner, secretary, and board shall file the proposed 34
113113 rules with the Legislative Council under § 10 -3-309(c) sufficiently in 35
114114 advance of January 1, 2026, so that the Legislative Council may consider the 36 HB1052
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117117 rules for approval before January 1, 2026. 1
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