Stricken language would be deleted from and underlined language would be added to present law.
Act 301 of the Regular Session
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State of Arkansas As Engrossed: H3/10/25 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 222 3
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By: Senators B. Davis, J. Dismang, Gilmore, B. Johnson, C. Tucker, D. Wallace, G. Leding 5
By: Representatives L. Johnson, Hudson, Beaty Jr., A. Collins, Achor, K. Brown, Brooks 6
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For An Act To Be Entitled 8
AN ACT TO AMEND THE MEDICAID PROVIDER -LED ORGANIZED 9
CARE ACT; TO CLARIFY MARKETING BY PROVIDERS UNDER THE 10
MEDICAID PROVIDER-LED ORGANIZED CARE ACT; TO DECLARE 11
AN EMERGENCY; AND FOR OTHER PURPOSES. 12
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Subtitle 15
TO AMEND THE MEDICAID PROVIDER -LED 16
ORGANIZED CARE ACT; TO CLARIFY MARKETING 17
BY PROVIDERS UNDER THE MEDICAID 18
PROVIDER-LED ORGANIZED CARE ACT; AND TO 19
DECLARE AN EMERGENCY. 20
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22
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SECTION 1. Arkansas Code Title 20, Chapter 77, Subchapter 27, is 24
amended to add an additional section to read as follows: 25
20-77-2709. Marketing — Legislative intent. 26
(a) It is the intent of the General Assembly to ensure that potential 27
and actual enrollees in a risk -based provider organization have a right to 28
know: 29
(1) Whether a direct service provider is or will be in -network 30
with a particular risk -based provider organization; and 31
(2) The consequences of choosing a risk -based provider 32
organization in which that direct service provider is not participating as a 33
network direct service provider. 34
(b) It is not a marketing violation for a direct service provider to 35
inform an existing or potential Medicaid enrollee in a risk -based provider 36 As Engrossed: H3/10/25 SB222
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organization of its network status with a particular risk -based provider 1
organization. 2
(c) The Department of Human Services or a risk -based provider 3
organization shall not: 4
(1) Require a direct service provider to separate communications 5
about its network status from communications about open enrollment if the 6
direct service provider informs the existing or potential enrollee that the 7
enrollee has freedom of choice among risk -based provider organizations and 8
network providers; or 9
(2) Restrict direct service providers from responding to an 10
individual’s questions about open enrollment or network status if the direct 11
service provider does not attempt to influence that individual’s choice of 12
risk-based provider organizations or respond in any manner that is inaccurate 13
or misleading. 14
(d) A direct service provider shall comply with the provisions 15
applicable to providers in the federal managed care rule on marketing 16
activities at 42 C.F.R. § 438.104, as existing on January 1, 2025. 17
(e) The department shall revise the marketing rules to comply with 18
this section. 19
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SECTION 2. EMERGENCY CLAUSE. It is found and determined by the 21
General Assembly of the State of Arkansas that enrollees and providers both 22
face confusion and uncertainty around the information a provider may 23
communicate to an enrollee about the provider and its network status with 24
risk-based provider organizations; that this confusion is negatively 25
impacting the ability of Medicaid beneficiaries to make informed decisions 26
about their care; that Medicaid beneficiaries face these decisions at least 27
annually when the Medicaid beneficiaries are assigned to a risk -based 28
provider organization or waiver wait list and “for cause” at any time due to 29
circumstances that may be out of their control; and that this act is 30
immediately necessary to ensure that Medicaid beneficiaries receive 31
appropriate information from their providers to ensure continuity of care. 32
Therefore, an emergency is declared to exist, and this act being immediately 33
necessary for the preservation of the public peace, health, and safety shall 34
become effective on: 35
(1) The date of its approval by the Governor; 36 As Engrossed: H3/10/25 SB222
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(2) If the bill is neither approved nor vetoed by the Governor, 1
the expiration of the period of time during which the Governor may veto the 2
bill; or 3
(3) If the bill is vetoed by the Governor and the veto is 4
overridden, the date the last house overrides the veto. 5
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/s/B. Davis 7
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APPROVED: 3/18/25 10
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