Stricken language would be deleted from and underlined language would be added to present law. Act 836 of the Regular Session *ANS340* 03/19/2025 4:34:55 PM ANS340 State of Arkansas 1 95th General Assembly A Bill 2 Regular Session, 2025 HOUSE BILL 1863 3 4 By: Representatives L. Johnson, Perry 5 By: Senator Irvin 6 7 For An Act To Be Entitled 8 AN ACT TO AMEND THE TRANSPORTATION BENEFIT MANAGER 9 ACT; TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES. 10 11 12 Subtitle 13 TO AMEND THE TRANSPORTATION BENEFIT 14 MANAGER ACT; AND TO DECLARE AN 15 EMERGENCY. 16 17 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 18 19 SECTION 1. Arkansas Code § 23-99-1705 is amended to read as follows: 20 23-99-1705. Claims. 21 (a) A contracting entity shall pay a claim for ambulance services for 22 which prior authorization was received regardless of the terminology used by 23 the transportation benefit manager or health benefit plan within thirty (30) 24 days of receipt of the claim from an ambulance provider, unless: 25 (1) Authorized ambulance services were never performed; or 26 (2) There is specific information available for review by the 27 appropriate state or federal agency that the subscriber or ambulance provider 28 has engaged in material misrepresentation, fraud, or abuse regarding the 29 claim for the authorized ambulance services. 30 (b)(1) A healthcare insurer or transportation benefit manager shall 31 pay two hundred fifty percent (250%) of the Medicare Ambulance Fee Schedule, 32 Rural Rate for a claim for ambulance services to an ambulance provider. 33 (2) An ambulance provider shall accept the payment under 34 subdivision (b)(1) of this section as payment in full for services provided 35 to the subscriber. 36 HB1863 2 03/19/2025 4:34:55 PM ANS340 (3) An ambulance provider shall not balance bill or otherwise 1 demand a payment from the subscriber other than a deductible, copayment, or 2 coinsurance required under the subscriber's health benefit plan. 3 (c) Ambulance services authorized or guaranteed for payment under this 4 section for which the prior authorization is not rescinded or reversed under 5 subsection (a) of this section are not subject to audit recoupment. 6 (d)(c) A claim submitted by an ambulance provider shall include any 7 information as required by the Insurance Commissioner. 8 9 SECTION 2. Arkansas Code § 23 -99-1706, concerning enforcement and 10 rules of the Transportation Benefit Manager Act, is amended to add an 11 additional subsection to read as follows: 12 (d)(1) On and after July 1, 2025, the Arkansas Ambulance Association 13 shall collect the rates that are approved or contracted for between an 14 ambulance provider and a local government entity as provided for under § 14 -15 266-105. 16 (2) The information required under subdivision (d)(1) of this 17 section shall be submitted annually to the commissioner. 18 19 SECTION 3. EMERGENCY CLAUSE. It is found and determined by the 20 General Assembly of the State of Arkansas that it is necessary to resolve a 21 conflict regarding in -network and out-of-network reimbursement rates for 22 ambulance services; that the conflict is causing confusion between ambulance 23 providers, insurers, and the State Insurance Department; and that this act is 24 immediately necessary to alleviate confusion concerning reimbursement rates 25 for ambulance services. Therefore, an emergency is declared to exist, and 26 this act being immediately necessary for the preservation of the public 27 peace, health, and safety shall become effective on: 28 (1) The date of its approval by the Governor; 29 (2) If the bill is neither approved nor vetoed by the Governor, 30 the expiration of the period of time during which the Governor may veto the 31 bill; or 32 (3) If the bill is vetoed by the Governor and the veto is 33 overridden, the date the last house overrides the veto. 34 35 APPROVED: 4/17/25 36