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 1333 3
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By: Representatives Hudson, D. Garner, Bentley, A. Brown, K. Brown, Cavenaugh, Ennett, Gonzales 5
Worthen, J. Mayberry, McCullough, T. Shephard, Springer 6
By: Senator J. Scott 7
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For An Act To Be Entitled 9
AN ACT TO MANDATE COVERAGE FOR BREASTFEEDING AND 10
LACTATION CONSULTANT SERVICES; AND FOR OTHER 11
PURPOSES. 12
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Subtitle 15
TO MANDATE COVERAGE FOR BREASTFEEDING 16
AND LACTATION CONSULTANT SERVICES. 17
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19
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SECTION 1. Arkansas Code Title 23, Chapter 79, is amended to add an 21
additional subchapter to read as follows: 22
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Subchapter 29 — Coverage for Breastfeeding and Lactation Consultants 24
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23-79-2901. Definitions. 26
As used in this subchapter: 27
(1)(A) "Breastfeeding and lactation consultant" means a 28
healthcare provider for whom lactation counseling, education, or consultation 29
is within his or her scope of practice and who provides healthcare services 30
to an enrollee, including: 31
(i) A physician; 32
(ii) A nurse practitioner; 33
(iii) A physician assistant; 34
(iv) A certified nurse midwife; 35
(v) An occupational therapist; or 36 HB1333
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(vi) A physical therapist. 1
(B) "Breastfeeding and lactation consultant" also 2
includes: 3
(i) An International Board Certified Lactation 4
Consultant or Registered Lactation Counselor who has a Medicaid 5
identification under the Arkansas Medicaid Program; and 6
(ii)(a) A certified lactation specialist, certified 7
breastfeeding specialist, certified lactation counselor, or certified 8
lactation educator. 9
(b) The individuals listed under subdivision 10
(1)(B)(ii)(a) of this section are required to be supervised by a contracted 11
and in-network healthcare provider to receive reimbursement; 12
(2) "Breastfeeding and lactation consultant services" means 13
medically appropriate outpatient services provided by a breastfeeding and 14
lactation consultant during pregnancy and through the extended postpartum 15
period; 16
(3) "Enrollee" means an individual entitled to coverage of 17
healthcare services from a healthcare insurer; 18
(4)(A) "Health benefit plan" means: 19
(i) An individual, blanket, or group plan or a 20
policy or contract for healthcare services offered, issued, renewed, 21
delivered, or extended in this state by a healthcare insurer; and 22
(ii) A health benefit program receiving state or 23
federal appropriations from the State of Arkansas, including the Arkansas 24
Medicaid Program and the Arkansas Health and Opportunity for Me Program 25
established by the Arkansas Health and Opportunity for Me Act of 2021, § 23 -26
61-1001 et seq. 27
(B) “Health benefit plan” includes: 28
(i) Indemnity and managed care plans; and 29
(ii) Plans providing health benefits to state and 30
public school employees under § 21 -5-401 et seq. 31
(C) “Health benefit plan” does not include: 32
(i) A plan that provides only dental benefits or eye 33
and vision care benefits; 34
(ii) A disability income plan; 35
(iii) A credit insurance plan; 36 HB1333
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(iv) Insurance coverage issued as a supplement to 1
liability insurance; 2
(v) A medical payment under an automobile or 3
homeowners insurance plan; 4
(vi) A health benefit plan provided under Arkansas 5
Constitution, Article 5, § 32, the Workers' Compensation Law, § 11 -9-101 et 6
seq., or the Public Employee Workers' Compensation Act, § 21 -5-601 et seq.; 7
(vii) A plan that provides only indemnity for 8
hospital confinement; 9
(viii) An accident-only plan; 10
(ix) A specified disease plan; or 11
(x) A long-term-care-only plan; and 12
(5)(A) "Healthcare insurer" means an entity subject to the 13
insurance laws of this state or the jurisdiction of the Insurance 14
Commissioner that contracts or offers to contract to provide health insurance 15
coverage, including without limitation an insurance company, a hospital and 16
medical service corporation, a health maintenance organization, a self -17
insured governmental or church plan in this state, the Arkansas Medicaid 18
Program, or a nonprofit agricultural membership organization as defined in § 19
23-60-104. 20
(B) "Healthcare insurer" does not include an entity that 21
provides only dental benefits or eye and vision care benefits. 22
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23-79-2902. Coverage for breastfeeding and lactation consultant 24
services. 25
(a) On and after January 1, 2026, a health benefit plan that is 26
offered, issued, renewed, delivered, or extended in this state shall provide 27
coverage for breastfeeding and lactation consultant services to an enrollee. 28
(b) The coverage for breastfeeding and lactation consultant services 29
under subsection (a) of this section: 30
(1) Is not subject to an annual deductible, copayment, or 31
coinsurance limit as established for other covered benefits under a health 32
benefit plan; and 33
(2) Does not diminish or limit benefits otherwise allowable 34
under a health benefit plan. 35
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23-79-2903. Rules. 1
(a) The Insurance Commissioner may develop and promulgate rules for 2
the implementation and administration of this subchapter. 3
(b) The Secretary of the Department of Human Services may develop and 4
promulgate rules for the implementation and administration of this subchapter 5
that may apply to the Arkansas Medicaid Program or the Arkansas Health and 6
Opportunity for Me Program established by the Arkansas Health and Opportunity 7
for Me Act of 2021, § 23 -61-1001 et seq. 8
(c) The State Board of Finance may develop and promulgate rules for 9
the administration of this subchapter for the plans providing health benefits 10
to state and public school employees under § 21 -5-401 et seq. 11
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