Arkansas 2025 Regular Session

Arkansas House Bill HB1473 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Stricken language would be deleted from and underlined language would be added to present law.
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3	3	State of Arkansas 1
4	4	95th General Assembly A Bill 2
5	5	Regular Session, 2025 HOUSE BILL 1473 3
6	6	4
7	7	By: Representative Pilkington 5
8	8	By: Senator C. Penzo 6
9	9	7
10	10	For An Act To Be Entitled 8
11	11	AN ACT TO AMEND THE LAW CONCERNING HEALTH-RELATED 9
12	12	CASH DISCOUNT CARDS; AND FOR OTHER PURPOSES. 10
13	13	11
14	14	12
15	15	Subtitle 13
16	16	TO AMEND THE LAW CONCERNING HEALTH -14
17	17	RELATED CASH DISCOUNT CARDS. 15
18	18	16
19	19	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17
20	20	18
21	21	SECTION 1. Arkansas Code § 4 -106-201 is amended to read as follows: 19
22	22	4-106-201. Prohibited practices. 20
23	23	It shall be unlawful and a violation of this subchapter for any person 21
24	24	to sell, market, promote, advertise, or otherwise distribute any card or 22
25	25	other purchasing mechanism or device which is not insurance that purports to 23
26	26	offer discounts or access to discounts from healthcare providers in health -24
27	27	related purchases in exchange for fees, dues, charges, or other financial 25
28	28	consideration paid by a consumer if: 26
29	29	(1) The card or other purchasing mechanism or device does not 27
30	30	expressly provide in bold and prominent type that the discounts are not 28
31	31	insurance; 29
32	32	(2) The card or other purchasing mechanism or device does not 30
33	33	expressly provide in bold and prominent type on the card or in a statement 31
34	34	attached to the card that the consumer has the right to cancel his or her 32
35	35	registration within thirty (30) days from the effective date of the card or 33
36	36	other purchasing mechanism or device; 34
37	37	(3) The discounts are not specifically authorized by an 35
38	38	individual and separate contract with each healthcare provider listed in 36 HB1473
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41	41	conjunction with the card or other purchasing mechanism or device; 1
42	42	(4) The discounts or access to discounts offered or the range of 2
43	43	discounts or access to the range of discounts offered are, regardless of the 3
44	44	literal wording used: 4
45	45	(A) Misleading; 5
46	46	(B) Deceptive; or 6
47	47	(C) Fraudulent; 7
48	48	(5) The card or any advertisements for the card in any form 8
49	49	include words or phrases that are commonly associated with the business of 9
50	50	insurance, such as “health plan”, “preexisting condition”, or “coverage”, in 10
51	51	a way that could have a tendency to deceive the public into believing that 11
52	52	the cards are a form of insurance; 12
53	53	(6) The contract for the card or other purchasing mechanism or 13
54	54	device, or any other document that is provided to the consumer at the time 14
55	55	the card or other purchasing mechanism or device is received, does not 15
56	56	contain: 16
57	57	(A) Information in bold and prominent type that a consumer 17
58	58	has the right to cancel his or her registration within thirty (30) days from 18
59	59	the effective date of the card or other purchasing mechanism or device; and 19
60	60	(B) Instructions on how a consumer may cancel his or her 20
61	61	registration; 21
62	62	(7) Printed advertisements and other printed promotional 22
63	63	materials concerning the card or other purchasing mechanism or device do not 23
64	64	expressly provide in bold and prominent type that: 24
65	65	(A) The discounts are not insurance; and 25
66	66	(B) The card or other purchasing mechanism or device 26
67	67	contains a thirty-day cancellation period; or 27
68	68	(8) Electronic advertisements and other electronic promotions 28
69	69	concerning the card or other purchasing mechanism or device, including, but 29
70	70	not limited to, radio, television, the internet, and telephone solicitations, 30
71	71	do not expressly state in a prominent manner that: 31
72	72	(A) The discounts are not insurance; and 32
73	73	(B) A consumer has the right to cancel the registration 33
74	74	within a thirty-day period under § 4 -106-205. 34
75	75	35
76	76	SECTION 2. Arkansas Code § 4 -106-202 is amended to read as follows: 36 HB1473
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79	79	4-106-202. Penalty. 1
80	80	(a) The Attorney General, any person, firm, private corporation, 2
81	81	municipal or other public corporation, or trade association may maintain an 3
82	82	action to enjoin a continuance of any act or acts in violation of this 4
83	83	subchapter if injured by the act or acts in violation of this subchapter and 5
84	84	for the recovery of damages. 6
85	85	(b) Any person subject to liability under this section shall be deemed 7
86	86	as a matter of law to have purposely availed himself or herself of the 8
87	87	privileges of conducting activities within Arkansas sufficient to subject the 9
88	88	person to the personal jurisdiction of the circuit court hearing an action 10
89	89	brought pursuant to this subchapter. 11
90	90	(c) An action for violation of this section may be brought: 12
91	91	(1) In the county where the plaintiff resides; 13
92	92	(2) In the county where the plaintiff conducts business; 14
93	93	(3) In the county where the card or other purchasing mechanism 15
94	94	or device was sold, marketed, promoted, advertised, or otherwise distributed; 16
95	95	or 17
96	96	(4) In the Pulaski County Circuit Court if the action is 18
97	97	initiated by the Attorney General. 19
98	98	(d)(1) If, in such action, the court shall find that the defendant is 20
99	99	violating or has violated any of the provisions of this subchapter, it shall 21
100	100	enjoin the defendant from a continuance thereof. 22
101	101	(2) It shall not be necessary, except to recover for actual 23
102	102	damages under subdivision (d)(3)(B) of this section , that actual damages to 24
103	103	the plaintiff be alleged or proved. 25
104	104	(3) In addition to injunctive relief, the plaintiff in the 26
105	105	action shall be entitled to recover from the defendant : 27
106	106	(A) Whichever is greater: 28
107	107	(i) One hundred dollars ($100) per card or other 29
108	108	purchasing mechanism or device sold, marketed, promoted, advertised, or 30
109	109	otherwise distributed within the State of Arkansas; or 31
110	110	(ii) Ten thousand dollars ($10,000); 32
111	111	(B) Three three (3) times the amount of the actual 33
112	112	damages, if any, sustained ; 34
113	113	(C) Reasonable attorney's fees; 35
114	114	(D) Costs; and 36 HB1473
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117	117	(E) Any other relief which the court deems proper . 1
118	118	(e)(1) All actions under this section shall be commenced within two 2
119	119	(2) years after the date on which the violation of this subchapter occurs or 3
120	120	within two (2) years after the person bringing the action discovers or in the 4
121	121	exercise of reasonable diligence should have discovered the occurrence of the 5
122	122	violation of this subchapter. 6
123	123	(2) The period of limitation provided in this section may be 7
124	124	extended for a period of one hundred eighty (180) days if the person bringing 8
125	125	the action proves by a preponderance of the evidence that the failure to 9
126	126	timely commence the action was caused by the defendant's engaging in conduct 10
127	127	solely calculated to induce the plaintiff to refrain from or postpone the 11
128	128	commencement of the action. 12
129	129	(f)(1) Any defendant in an action brought under the provisions of this 13
130	130	subchapter may be required to testify under § 16 -43-211 and as otherwise 14
131	131	provided by law. 15
132	132	(2) In addition, the books and records of the defendant may be 16
133	133	brought into court and introduced, by reference, into evidence. 17
134	134	(g)(1) An action under this section may be brought by a consumer if, 18
135	135	before initiating an action against a business for damages on an individual 19
136	136	or class-wide basis, a consumer provides a business thirty (30) days' written 20
137	137	notice identifying the specific provisions of this subchapter the consumer 21
138	138	alleges have been or are being violated. 22
139	139	(2) In the event a cure is possible and if within the thirty 23
140	140	(30) days under subdivision (g)(1) of this section the business cures the 24
141	141	noticed violation and provides the consumer an express written statement that 25
142	142	the violations have been cured and that no further violations shall occur, an 26
143	143	action for individual damages or class -wide damages shall not be initiated 27
144	144	against the business. 28
145	145	(h) The remedies prescribed in this section are cumulative and in 29
146	146	addition to the remedies prescribed in the Deceptive Trade Practices Act, § 30
147	147	4-88-101 et seq., and any other applicable criminal, civil, or administrative 31
148	148	penalties. 32
149	149	33
150	150	SECTION 3. DO NOT CODIFY. Retroactivity. 34
151	151	This act shall apply retroactively to an act that is alleged to be in 35
152	152	violation of this subchapter that occurred before the effective date of this 36 HB1473
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