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 1164 3
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By: Representative J. Mayberry 5
By: Senator C. Penzo 6
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For An Act To Be Entitled 8
AN ACT TO REQUIRE A PHYSICIAN OR HEALTHCARE PROVIDER 9
TO OFFER COGNITIVE ASSESSMENTS FOR CERTAIN PATIENTS; 10
TO MANDATE THAT INSURANCE POLICIES COVER ASSESSMENTS 11
FOR COGNITIVE FUNCTION, ALZHEIMER'S DISEASE, OR 12
DEMENTIA FOR CERTAIN PATIENTS; AND FOR OTHER 13
PURPOSES. 14
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Subtitle 17
TO REQUIRE A PHYSICIAN OR HEALTHCARE 18
PROVIDER TO OFFER COGNITIVE ASSESSMENTS 19
FOR CERTAIN PATIENTS; AND TO MANDATE 20
THAT INSURANCE POLICIES COVER 21
ASSESSMENTS FOR COGNITIVE FUNCTION FOR 22
CERTAIN PATIENTS. 23
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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 20, Chapter 15, Subchapter 1, is 27
amended to add an additional section to read as follows: 28
20-15-103. Cognitive assessment. 29
(a) A physician or healthcare provider who is providing medical 30
treatment in this state may offer annually a cognitive assessment of a 31
patient for cognitive function, Alzheimer's disease, or dementia if the 32
patient is: 33
(1) Sixty (60) years of age or older; or 34
(2) At a higher risk for Alzheimer's disease, dementia, or 35
impaired cognitive function, including without limitation having a family 36 HB1164
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history of dementia, Down Syndrome, traumatic brain injury, or another 1
condition that has been identified through clinical evidence as elevating the 2
likelihood of Alzheimer's disease, dementia, or impaired cognitive function. 3
(b)(1) If a patient declines to be assessed under subsection (a) of 4
this section, the physician or healthcare provider shall document in the 5
medical records of the patient that he or she was not assessed based upon the 6
refusal of the patient. 7
(2) The record of a patient's refusal under subdivision b)(1) of 8
this section relieves the physician or healthcare provider of liability under 9
this subsection. 10
(c) Records, reports, data, or other information collected or 11
maintained under this section that identify or could be used to identify an 12
individual patient, healthcare provider, or institution are confidential and 13
are not subject to disclosure under the Freedom of Information Act of 1967, § 14
25-19-101 et seq. 15
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SECTION 2. Arkansas Code Title 23, Chapter 79, is amended to add an 17
additional subchapter to read as follows: 18
Subchapter 29 — Coverage for Cognitive Assessments 19
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23-79-2901. Definitions. 21
As used in this subchapter: 22
(1)(A) “Health benefit plan” means: 23
(i) An individual, blanket, or group plan or a 24
policy or contract for healthcare services issued or delivered by a 25
healthcare insurer; and 26
(ii) Any health benefit program receiving state or 27
federal appropriations from the State of Arkansas, including the Arkansas 28
Medicaid Program and the Arkansas Health and Opportunity for Me Program, or 29
any successor program. 30
(B) “Health benefit plan” includes: 31
(i) Indemnity and managed care plans; and 32
(ii) Nonfederal governmental plans as defined in 29 33
U.S.C. § 1002(32), as it existed on January 1, 2025. 34
(C) “Health benefit plan” does not include: 35
(i) A disability income plan; 36 HB1164
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(ii) A credit insurance plan; 1
(iii) Insurance coverage issued as a supplement to 2
liability insurance; 3
(iv) A medical payment under automobile or 4
homeowners insurance plans; 5
(v) A health benefit plan provided under Arkansas 6
Constitution, Article 5, § 32, the Workers' Compensation Law, § 11 -9-101 et 7
seq., or the Public Employee Workers' Compensation Act, § 21 -5-601 et seq.; 8
(vi) A plan that provides only indemnity for 9
hospital confinement; 10
(vii) An accident-only plan; 11
(viii) A specified disease plan; 12
(ix) A long-term-care-only plan; 13
(x) A dental-only plan; or 14
(xi) A vision-only plan; 15
(2) “Healthcare insurer” means an entity subject to the 16
insurance laws of this state or the jurisdiction of the Insurance 17
Commissioner that contracts or offers to contract to provide health insurance 18
coverage, including without limitation an insurance company, a health 19
maintenance organization, a hospital medical service corporation, a self -20
insured governmental or church plan in this state, or the Arkansas Medicaid 21
Program; and 22
(3) “Healthcare provider” means a person who is licensed, 23
certified, or otherwise authorized by the laws of this state to administer 24
health care in the ordinary course of the practice of his or her profession, 25
excluding individuals whose practice does not involve direct care relevant to 26
Alzheimer's disease, dementia, or impaired cognitive function. 27
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23-79-2902. Coverage for cognitive assessment. 29
(a) A healthcare insurer that offers, issues, or renews a health 30
benefit plan in this state shall provide coverage for assessment for 31
cognitive function, Alzheimer's disease, or dementia for a patient who is: 32
(1) Sixty (60) years of age or older; or 33
(2) At a higher risk for Alzheimer's disease, dementia, or 34
impaired cognitive function, including without limitation having a family 35
history of dementia, Down Syndrome, traumatic brain injury, or another 36 HB1164
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condition that has been identified through clinical evidence as elevating the 1
likelihood of Alzheimer's disease, dementia, or impaired cognitive function. 2
(b) The coverage for assessment under this section: 3
(1) Is not subject to a policy deductible or copayment 4
requirement; and 5
(2) Does not diminish or limit benefits otherwise allowable 6
under a health benefit plan. 7
(c) Coverage provided for assessment under subsection (a) of this 8
section for a self-insured government plan is subject to any health benefit 9
plan provisions that apply to other services covered by the health benefit 10
plan. 11
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SECTION 3. Effective Date. 13
The requirement in § 23 -79-2902 of providing coverage for assessment of 14
cognitive function, Alzheimer's disease, or dementia is effective on and 15
after January 1, 2026. 16
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