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