Stricken language would be deleted from and underlined language would be added to present law.
Act 627 of the Regular Session
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State of ArkansasAs Engrossed: H2/3/25 H3/12/25 H3/13/25 H3/20/25 S4/2/25 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, Clowney 6
By: Senators J. Scott, Irvin 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: 28
(i) An International Board Certified Lactation 29
Consultant; and 30
(ii)(a) A certified lactation counselor. 31
(b) The individuals listed under subdivision 32
(1)(A)(ii)(a) of this section are required to be supervised by a contracted 33
and in-network healthcare provider to receive reimbursement. 34
(B) The Arkansas Medicaid Program shall reimburse the 35
individuals listed under subdivision (1)(A) of this section for breastfeeding 36 As Engrossed: H2/3/25 H3/12/25 H3/13/25 H3/20/25 S4/2/25 HB1333
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and lactation consulting services if the individuals: 1
(i) Have a Medicaid number; or 2
(ii) Are otherwise compliant with all requirements 3
for reimbursement under the Arkansas Medicaid Program; (2) 4
"Breastfeeding and lactation consultant services" means medically appropriate 5
outpatient services or hospital services, or both, provided by a 6
breastfeeding and lactation consultant during pregnancy and through the 7
extended postpartum period to aid in milk expression or infant nutrition; 8
(3)(A) "Enrollee" means an individual entitled to coverage of 9
healthcare services from a healthcare insurer. 10
(B) "Enrollee" includes a minor child; 11
(4)(A) "Health benefit plan" means: 12
(i) An individual, blanket, or group plan or a 13
policy or contract for healthcare services offered, issued, renewed, 14
delivered, or extended in this state by a healthcare insurer; and 15
(ii) A health benefit program receiving state or 16
federal appropriations from the State of Arkansas, including the Arkansas 17
Medicaid Program, ARKids First -A or First-B, and the Arkansas Health and 18
Opportunity for Me Program established by the Arkansas Health and Opportunity 19
for Me Act of 2021, § 23 -61-1001 et seq. 20
(B) “Health benefit plan” includes: 21
(i) Indemnity and managed care plans; and 22
(ii) Plans providing health benefits to state and 23
public school employees under § 21 -5-401 et seq. 24
(C) “Health benefit plan” does not include: 25
(i) A plan that provides only dental benefits or eye 26
and vision care benefits; 27
(ii) A disability income plan; 28
(iii) A credit insurance plan; 29
(iv) Insurance coverage issued as a supplement to 30
liability insurance; 31
(v) A medical payment under an automobile or 32
homeowners insurance plan; 33
(vi) A health benefit plan provided under Arkansas 34
Constitution, Article 5, § 32, the Workers' Compensation Law, § 11 -9-101 et 35
seq., or the Public Employee Workers' Compensation Act, § 21 -5-601 et seq.; 36 As Engrossed: H2/3/25 H3/12/25 H3/13/25 H3/20/25 S4/2/25 HB1333
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(vii) A plan that provides only indemnity for 1
hospital confinement; 2
(viii) An accident-only plan; 3
(ix) A specified disease plan; or 4
(x) A long-term-care-only plan; and 5
(5)(A) "Healthcare insurer" means an entity subject to the 6
insurance laws of this state or the jurisdiction of the Insurance 7
Commissioner that contracts or offers to contract to provide health insurance 8
coverage, including without limitation an insurance company, a hospital and 9
medical service corporation, a health maintenance organization, a self -10
insured governmental or church plan in this state, the Arkansas Medicaid 11
Program, or a nonprofit agricultural membership organization as defined in § 12
23-60-104. 13
(B) "Healthcare insurer" does not include an entity that 14
provides only dental benefits or eye and vision care benefits. 15
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23-79-2902. Coverage for breastfeeding and lactation consultant 17
services. 18
(a) On and after January 1, 2026, a health benefit plan that is 19
offered, issued, renewed, delivered, or extended in this state shall provide 20
coverage for breastfeeding and lactation consultant services in an outpatient 21
setting to an enrollee. 22
(b) The coverage for breastfeeding and lactation consultant services 23
under subsection (a) of this section: 24
(1) Is not subject to an annual deductible, copayment, or 25
coinsurance limit as established for other covered benefits under a health 26
benefit plan; and 27
(2) Does not diminish or limit benefits otherwise allowable 28
under a health benefit plan. 29
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23-79-2903. Rules. 31
(a) The Insurance Commissioner may develop and promulgate rules for 32
the implementation and administration of this subchapter. 33
(b) The Secretary of the Department of Human Services may develop and 34
promulgate rules for the implementation and administration of this subchapter 35
that may apply to the Arkansas Medicaid Program or the Arkansas Health and 36 As Engrossed: H2/3/25 H3/12/25 H3/13/25 H3/20/25 S4/2/25 HB1333
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Opportunity for Me Program established by the Arkansas Health and Opportunity 1
for Me Act of 2021, § 23 -61-1001 et seq. 2
(c) The State Board of Finance may develop and promulgate rules for 3
the administration of this subchapter for the plans providing health benefits 4
to state and public school employees under § 21 -5-401 et seq. 5
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/s/Hudson 7
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APPROVED: 4/16/25 10
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