AR
Arkansas House Bill HB1333

Arkansas 2025 Regular Session

Arkansas House Bill HB1333 Compare Versions

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11 Stricken language would be deleted from and underlined language would be added to present law.
2-Act 627 of the Regular Session
3-*ANS177* 04-02-2025 10:56:41 ANS177
4-
5-State of ArkansasAs Engrossed: H2/3/25 H3/12/25 H3/13/25 H3/20/25 S4/2/25 1
2+*ANS177* 01/30/2025 1:54:14 PM ANS177
3+State of Arkansas 1
64 95th General Assembly A Bill 2
75 Regular Session, 2025 HOUSE BILL 1333 3
86 4
97 By: Representatives Hudson, D. Garner, Bentley, A. Brown, K. Brown, Cavenaugh, Ennett, Gonzales 5
10-Worthen, J. Mayberry, McCullough, T. Shephard, Springer, Clowney 6
11-By: Senators J. Scott, Irvin 7
8+Worthen, J. Mayberry, McCullough, T. Shephard, Springer 6
9+By: Senator J. Scott 7
1210 8
1311 For An Act To Be Entitled 9
1412 AN ACT TO MANDATE COVERAGE FOR BREASTFEEDING AND 10
1513 LACTATION CONSULTANT SERVICES; AND FOR OTHER 11
1614 PURPOSES. 12
1715 13
1816 14
1917 Subtitle 15
2018 TO MANDATE COVERAGE FOR BREASTFEEDING 16
2119 AND LACTATION CONSULTANT SERVICES. 17
2220 18
2321 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19
2422 20
2523 SECTION 1. Arkansas Code Title 23, Chapter 79, is amended to add an 21
2624 additional subchapter to read as follows: 22
2725 23
2826 Subchapter 29 — Coverage for Breastfeeding and Lactation Consultants 24
2927 25
3028 23-79-2901. Definitions. 26
3129 As used in this subchapter: 27
32- (1)(A) "Breastfeeding and lactation consultant" means: 28
33- (i) An International Board Certified Lactation 29
34-Consultant; and 30
35- (ii)(a) A certified lactation counselor. 31
36- (b) The individuals listed under subdivision 32
37-(1)(A)(ii)(a) of this section are required to be supervised by a contracted 33
38-and in-network healthcare provider to receive reimbursement. 34
39- (B) The Arkansas Medicaid Program shall reimburse the 35
40-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
30+ (1)(A) "Breastfeeding and lactation consultant" means a 28
31+healthcare provider for whom lactation counseling, education, or consultation 29
32+is within his or her scope of practice and who provides healthcare services 30
33+to an enrollee, including: 31
34+ (i) A physician; 32
35+ (ii) A nurse practitioner; 33
36+ (iii) A physician assistant; 34
37+ (iv) A certified nurse midwife; 35
38+ (v) An occupational therapist; or 36 HB1333
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41+ (vi) A physical therapist. 1
42+ (B) "Breastfeeding and lactation consultant" also 2
43+includes: 3
44+ (i) An International Board Certified Lactation 4
45+Consultant or Registered Lactation Counselor who has a Medicaid 5
46+identification under the Arkansas Medicaid Program; and 6
47+ (ii)(a) A certified lactation specialist, certified 7
48+breastfeeding specialist, certified lactation counselor, or certified 8
49+lactation educator. 9
50+ (b) The individuals listed under subdivision 10
51+(1)(B)(ii)(a) of this section are required to be supervised by a contracted 11
52+and in-network healthcare provider to receive reimbursement; 12
53+ (2) "Breastfeeding and lactation consultant services" means 13
54+medically appropriate outpatient services provided by a breastfeeding and 14
55+lactation consultant during pregnancy and through the extended postpartum 15
56+period; 16
57+ (3) "Enrollee" means an individual entitled to coverage of 17
58+healthcare services from a healthcare insurer; 18
59+ (4)(A) "Health benefit plan" means: 19
60+ (i) An individual, blanket, or group plan or a 20
61+policy or contract for healthcare services offered, issued, renewed, 21
62+delivered, or extended in this state by a healthcare insurer; and 22
63+ (ii) A health benefit program receiving state or 23
64+federal appropriations from the State of Arkansas, including the Arkansas 24
65+Medicaid Program and the Arkansas Health and Opportunity for Me Program 25
66+established by the Arkansas Health and Opportunity for Me Act of 2021, § 23 -26
67+61-1001 et seq. 27
68+ (B) “Health benefit plan” includes: 28
69+ (i) Indemnity and managed care plans; and 29
70+ (ii) Plans providing health benefits to state and 30
71+public school employees under § 21 -5-401 et seq. 31
72+ (C) “Health benefit plan” does not include: 32
73+ (i) A plan that provides only dental benefits or eye 33
74+and vision care benefits; 34
75+ (ii) A disability income plan; 35
76+ (iii) A credit insurance plan; 36 HB1333
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79+ (iv) Insurance coverage issued as a supplement to 1
80+liability insurance; 2
81+ (v) A medical payment under an automobile or 3
82+homeowners insurance plan; 4
83+ (vi) A health benefit plan provided under Arkansas 5
84+Constitution, Article 5, § 32, the Workers' Compensation Law, § 11 -9-101 et 6
85+seq., or the Public Employee Workers' Compensation Act, § 21 -5-601 et seq.; 7
86+ (vii) A plan that provides only indemnity for 8
87+hospital confinement; 9
88+ (viii) An accident-only plan; 10
89+ (ix) A specified disease plan; or 11
90+ (x) A long-term-care-only plan; and 12
91+ (5)(A) "Healthcare insurer" means an entity subject to the 13
92+insurance laws of this state or the jurisdiction of the Insurance 14
93+Commissioner that contracts or offers to contract to provide health insurance 15
94+coverage, including without limitation an insurance company, a hospital and 16
95+medical service corporation, a health maintenance organization, a self -17
96+insured governmental or church plan in this state, the Arkansas Medicaid 18
97+Program, or a nonprofit agricultural membership organization as defined in § 19
98+23-60-104. 20
99+ (B) "Healthcare insurer" does not include an entity that 21
100+provides only dental benefits or eye and vision care benefits. 22
101+ 23
102+ 23-79-2902. Coverage for breastfeeding and lactation consultant 24
103+services. 25
104+ (a) On and after January 1, 2026, a health benefit plan that is 26
105+offered, issued, renewed, delivered, or extended in this state shall provide 27
106+coverage for breastfeeding and lactation consultant services to an enrollee. 28
107+ (b) The coverage for breastfeeding and lactation consultant services 29
108+under subsection (a) of this section: 30
109+ (1) Is not subject to an annual deductible, copayment, or 31
110+coinsurance limit as established for other covered benefits under a health 32
111+benefit plan; and 33
112+ (2) Does not diminish or limit benefits otherwise allowable 34
113+under a health benefit plan. 35
114+ 36 HB1333
44115
45-and lactation consulting services if the individuals: 1
46- (i) Have a Medicaid number; or 2
47- (ii) Are otherwise compliant with all requirements 3
48-for reimbursement under the Arkansas Medicaid Program; (2) 4
49-"Breastfeeding and lactation consultant services" means medically appropriate 5
50-outpatient services or hospital services, or both, provided by a 6
51-breastfeeding and lactation consultant during pregnancy and through the 7
52-extended postpartum period to aid in milk expression or infant nutrition; 8
53- (3)(A) "Enrollee" means an individual entitled to coverage of 9
54-healthcare services from a healthcare insurer. 10
55- (B) "Enrollee" includes a minor child; 11
56- (4)(A) "Health benefit plan" means: 12
57- (i) An individual, blanket, or group plan or a 13
58-policy or contract for healthcare services offered, issued, renewed, 14
59-delivered, or extended in this state by a healthcare insurer; and 15
60- (ii) A health benefit program receiving state or 16
61-federal appropriations from the State of Arkansas, including the Arkansas 17
62-Medicaid Program, ARKids First -A or First-B, and the Arkansas Health and 18
63-Opportunity for Me Program established by the Arkansas Health and Opportunity 19
64-for Me Act of 2021, § 23 -61-1001 et seq. 20
65- (B) “Health benefit plan” includes: 21
66- (i) Indemnity and managed care plans; and 22
67- (ii) Plans providing health benefits to state and 23
68-public school employees under § 21 -5-401 et seq. 24
69- (C) “Health benefit plan” does not include: 25
70- (i) A plan that provides only dental benefits or eye 26
71-and vision care benefits; 27
72- (ii) A disability income plan; 28
73- (iii) A credit insurance plan; 29
74- (iv) Insurance coverage issued as a supplement to 30
75-liability insurance; 31
76- (v) A medical payment under an automobile or 32
77-homeowners insurance plan; 33
78- (vi) A health benefit plan provided under Arkansas 34
79-Constitution, Article 5, § 32, the Workers' Compensation Law, § 11 -9-101 et 35
80-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
81-
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83-
84-
85- (vii) A plan that provides only indemnity for 1
86-hospital confinement; 2
87- (viii) An accident-only plan; 3
88- (ix) A specified disease plan; or 4
89- (x) A long-term-care-only plan; and 5
90- (5)(A) "Healthcare insurer" means an entity subject to the 6
91-insurance laws of this state or the jurisdiction of the Insurance 7
92-Commissioner that contracts or offers to contract to provide health insurance 8
93-coverage, including without limitation an insurance company, a hospital and 9
94-medical service corporation, a health maintenance organization, a self -10
95-insured governmental or church plan in this state, the Arkansas Medicaid 11
96-Program, or a nonprofit agricultural membership organization as defined in § 12
97-23-60-104. 13
98- (B) "Healthcare insurer" does not include an entity that 14
99-provides only dental benefits or eye and vision care benefits. 15
100- 16
101- 23-79-2902. Coverage for breastfeeding and lactation consultant 17
102-services. 18
103- (a) On and after January 1, 2026, a health benefit plan that is 19
104-offered, issued, renewed, delivered, or extended in this state shall provide 20
105-coverage for breastfeeding and lactation consultant services in an outpatient 21
106-setting to an enrollee. 22
107- (b) The coverage for breastfeeding and lactation consultant services 23
108-under subsection (a) of this section: 24
109- (1) Is not subject to an annual deductible, copayment, or 25
110-coinsurance limit as established for other covered benefits under a health 26
111-benefit plan; and 27
112- (2) Does not diminish or limit benefits otherwise allowable 28
113-under a health benefit plan. 29
114- 30
115- 23-79-2903. Rules. 31
116- (a) The Insurance Commissioner may develop and promulgate rules for 32
117-the implementation and administration of this subchapter. 33
118- (b) The Secretary of the Department of Human Services may develop and 34
119-promulgate rules for the implementation and administration of this subchapter 35
120-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
121-
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123-
124-
125-Opportunity for Me Program established by the Arkansas Health and Opportunity 1
126-for Me Act of 2021, § 23 -61-1001 et seq. 2
127- (c) The State Board of Finance may develop and promulgate rules for 3
128-the administration of this subchapter for the plans providing health benefits 4
129-to state and public school employees under § 21 -5-401 et seq. 5
130- 6
131-/s/Hudson 7
132- 8
133- 9
134-APPROVED: 4/16/25 10
135- 11
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117+ 23-79-2903. Rules. 1
118+ (a) The Insurance Commissioner may develop and promulgate rules for 2
119+the implementation and administration of this subchapter. 3
120+ (b) The Secretary of the Department of Human Services may develop and 4
121+promulgate rules for the implementation and administration of this subchapter 5
122+that may apply to the Arkansas Medicaid Program or the Arkansas Health and 6
123+Opportunity for Me Program established by the Arkansas Health and Opportunity 7
124+for Me Act of 2021, § 23 -61-1001 et seq. 8
125+ (c) The State Board of Finance may develop and promulgate rules for 9
126+the administration of this subchapter for the plans providing health benefits 10
127+to state and public school employees under § 21 -5-401 et seq. 11
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