Arkansas 2025 Regular Session

Arkansas House Bill HB1320 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 626 of the Regular Session
3	2		ANS172 01/30/2025 11:00:22 AM ANS172
4	3		State of Arkansas 1
5	4		95th General Assembly A Bill 2
6	5		Regular Session, 2025 HOUSE BILL 1320 3
7	6		4
8	7		By: Representatives Wooldridge, L. Johnson 5
9	8		By: Senator C. Tucker 6
10	9		7
11	10		For An Act To Be Entitled 8
12	11		AN ACT TO AMEND THE BEHAVIORAL HEALTH CRISIS 9
13	12		INTERVENTION PROTOCOL ACT OF 2017; TO PROHIBIT LIMITS 10
14	13		ON UTILIZATION CRITERIA UNDER THE BEHAVIORAL HEALTH 11
15	14		CRISIS INTERVENTION PROTOCOL ACT OF 2017; TO AMEND 12
16	15		THE DEFINITION OF "HEALTHCARE PROVIDER" UNDER THE 13
17	16		PATIENT PROTECTION ACT OF 1995; TO MODIFY THE 14
18	17		DEFINITION OF "HEALTHCARE PROVIDER" AS USED UNDER THE 15
19	18		ANY WILLING PROVIDER LAWS; TO REGULATE CRISIS 16
20	19		STABILIZATION UNITS AND HEALTHCARE INSURERS; TO 17
21	20		PROHIBIT CERTAIN PRIOR AUTHORIZATIONS FOR CRISIS 18
22	21		STABILIZATION UNITS UNLESS AUTHORIZED BY THE 19
23	22		INSURANCE COMMISSIONER; AND FOR OTHER PURPOSES. 20
24	23		21
25	24		22
26	25		Subtitle 23
27	26		TO AMEND THE LAW CONCERNING CRISIS 24
28	27		STABILIZATION UNITS AND HEALTHCARE 25
29	28		INSURERS. 26
30	29		27
31	30		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 28
32	31		29
33	32		SECTION 1. Arkansas Code § 20 -47-813 is amended to read as follows: 30
34	33		20-47-813. Rulemaking authority Rules. 31
35	34		(a) The Department of Human Services is authorized to utilize 32
36	35		rulemaking in order to properly implement the provisions of this subchapter 33
37	36		concerning the certification of a nonhospital crisis stabilization unit. 34
38	37		(b) The department shall not promulgate a rule concerning utilization 35
39	38		criteria that limits access to crisis stabilization units unless the rule is 36 HB1320
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42	41		adopted in conjunction with the Insurance Commissioner. 1
43	42		2
44	43		SECTION 2. Arkansas Code § 23 -99-203(d), concerning the definition of 3
45	44		"healthcare provider" under the Patient Protection Act of 1995, is amended to 4
46	45		add an additional subdivision to read as follows: 5
47	46		(31) Crisis stabilization units. 6
48	47		7
49	48		SECTION 3. Arkansas Code § 23 -99-802(4), concerning the definition of 8
50	49		"healthcare provider" as used under the any willing provider laws, is amended 9
51	50		to add an additional subdivision to read as follows: 10
52	51		(GG) Crisis stabilization units. 11
53	52		12
54	53		SECTION 4. Arkansas Code Title 23, Chapter 99, is amended to add an 13
55	54		additional subchapter to read as follows: 14
56	55		15
57	56		Subchapter 19 — Crisis Stabilization Units 16
58	57		17
59	58		23-99-1901. Definitions. 18
60	59		As used in this subchapter: 19
61	60		(1) "Crisis stabilization unit" means the same as defined in § 20
62	61		20-47-803; 21
63	62		(2)(A) "Health benefit plan" means any individual, blanket, or 22
64	63		group plan, policy, or contract for healthcare services issued or delivered 23
65	64		by a healthcare insurer in this state. 24
66	65		(B) "Health benefit plan" includes a nonfederal self -25
67	66		funded governmental plan. 26
68	67		(C) "Health benefit plan" does not include a plan that 27
69	68		includes only dental benefits or eye and vision care benefits; 28
70	69		(3)(A) "Healthcare insurer" means an entity that: 29
71	70		(i) Is subject to state insurance regulation, 30
72	71		including without limitation an insurance company, a health maintenance 31
73	72		organization, a hospital and medical service corporation, a risk -based 32
74	73		provider organization, and a sponsor of a nonfederal self -funded governmental 33
75	74		plan; or 34
76	75		(ii) Has subscribers in this state. 35
77	76		(B) "Healthcare insurer" includes Medicaid if Medicaid 36 HB1320
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79	78		3 01/30/2025 11:00:22 AM ANS172
80	79		services are managed or reimbursed by a healthcare insurer. 1
81	80		(C) “Healthcare insurer” does not include: 2
82	81		(i) A workers' compensation plan; or 3
83	82		(ii) An entity that provides only dental benefits or 4
84	83		eye and vision care benefits; 5
85	84		(4) "Healthcare provider" means: 6
86	85		(A) A doctor of medicine, a doctor of osteopathy, or 7
87	86		another licensed healthcare professional acting within the healthcare 8
88	87		professional's licensed scope of practice; or 9
89	88		(B) A healthcare facility licensed in the state where the 10
90	89		facility is located to provide healthcare services; 11
91	90		(5) "Healthcare service" means a healthcare procedure, 12
92	91		treatment, or service provided by a healthcare provider; and 13
93	92		(6) "Medicaid" means the state -federal medical assistance 14
94	93		program established by Title XIX of the Social Security Act, 42 U.S.C. § 1396 15
95	94		et seq. 16
96	95		17
97	96		23-99-1902. Behavioral or medical management utilization limitations, 18
98	97		measures, or controls. 19
99	98		(a) Except as provided in subsection (b) of this section, a health 20
100	99		benefit plan shall not impose or apply any behavioral or medical management 21
101	100		utilization limitations, measures, or controls for healthcare services by a 22
102	101		crisis stabilization unit unless the behavioral or medical management 23
103	102		limitations, measures, or controls are equivalent to, or consistent with, 24
104	103		limitations applied to the same healthcare services by Medicaid. 25
105	104		(b) The Insurance Commissioner may authorize behavioral or medical 26
106	105		management utilization limitations, measures, or controls for healthcare 27
107	106		services by a crisis stabilization unit by rule. 28
108	107		29
109	108		23-99-1903. Prior authorization or precertification. 30
110	109		A health benefit plan shall not require prior authorization or 31
111	110		precertification for a healthcare service provided by a crisis stabilization 32
112	111		unit unless the healthcare service requires a prior authorization by rule of 33
113	112		the Insurance Commissioner. 34
114	113		35
115	114		23-99-1904. Rules. 36 HB1320
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118	117		The Insurance Commissioner may promulgate rules to implement this 1
119	118		subchapter. 2
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122		-	~~APPROVED: 4/16/25~~ 5
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