Stricken language would be deleted from and underlined language would be added to present law.
Act 561 of the Regular Session
*ANS347* 03/19/2025 10:32:07 AM ANS347
State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1859 3
4
By: Representatives Rose, Achor, D. Garner, Hudson 5
By: Senators J. Bryant, G. Leding 6
7
For An Act To Be Entitled 8
AN ACT TO AMEND THE LAW CONCERNING MASTECTOMIES; AND 9
FOR OTHER PURPOSES. 10
11
12
Subtitle 13
TO AMEND THE LAW CONCERNING 14
MASTECTOMIES. 15
16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17
18
SECTION 1. Arkansas Code § 23 -99-405 is amended to read as follows: 19
23-99-405. Mastectomies. 20
(a) Every health benefit plan providing mastectomy benefits and issued 21
or renewed after July 16, 2003, shall conform with the requirements of the 22
Women's Health and Cancer Rights Act of 1998, 42 U.S.C. §§ 300gg -6 and 300gg-23
52, as it existed on January 1, 2003 January 1, 2025. 24
(b) To the extent the requirements of this section do not conflict 25
with federal law, rules, or regulations, each healthcare insurer providing 26
mastectomy benefits in a health benefit plan shall provide, in a manner 27
determined in consultation with the attending physician and the enrollee or 28
insured: 29
(1) For medical and surgical benefits for any hospital stay in 30
connection with a mastectomy for not less than forty -eight (48) hours unless 31
the decision to discharge the patient before the expiration of the minimum 32
length of stay is made by an attending physician in consultation with the 33
enrollee or insured; 34
(2) The following medical and surgical benefits with respect to 35
mastectomy coverage if an enrollee or insured receives benefits in connection 36 HB1859
2 03/19/2025 10:32:07 AM ANS347
with a mastectomy and elects breast reconstruction: 1
(A) Surgery and reconstruction of the breast on which the 2
mastectomy has been performed; 3
(B) Surgery and reconstruction of the other breast to 4
produce a symmetrical appearance; and 5
(C) Prostheses and coverage for physical complications at 6
all stages of a mastectomy, including lymphedemas; and 7
(3) Written notice of the availability of coverage under this 8
section to the enrollee or insured upon enrollment and annually thereafter ; 9
and 10
(4)(A) Medical and surgical benefits for: 11
(i) Artificial or biological mesh used to support 12
tissue; and 13
(ii) A nerve graft to preserve or restore nerve 14
function. 15
(B) A healthcare insurer, health benefit plan, or group 16
health plan shall reimburse a healthcare provider for the supplies required 17
for the healthcare services provided under subdivision (b)(4)(A) of this 18
section at a rate equal to or greater than one hundred percent (100%) of the 19
healthcare provider's acquisition cost . 20
(c) No healthcare A healthcare insurer providing mastectomy benefits 21
under this section shall not: 22
(1) Deny an enrollee or insured eligibility or continued 23
eligibility to enroll or renew coverage under the terms of the health benefit 24
plan solely for the purpose of avoiding the requirements of this section; or 25
(2) Penalize, reduce, or limit the reimbursement of an attending 26
provider or induce the provider to provide care in a manner inconsistent with 27
this section. 28
(d) A healthcare insurer or health benefit plan shall cover the 29
healthcare services under this section if the service is performed at a 30
licensed facility, including without limitation: 31
(1) A hospital; 32
(2) A hospital outpatient department; and 33
(3) An ambulatory surgery center. 34
(e) This section does not apply to a plan providing health benefits to 35
state and public school employees under § 21 -5-401 et seq. 36 HB1859
3 03/19/2025 10:32:07 AM ANS347
(f) This section expires on June 30, 2031, unless extended by the 1
General Assembly. 2
3
4
APPROVED: 4/14/25 5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36