6 | 4 | | 95th General Assembly A Bill 2 |
---|
7 | 5 | | Regular Session, 2025 SENATE BILL 264 3 |
---|
8 | 6 | | 4 |
---|
9 | 7 | | By: Senator Irvin 5 |
---|
10 | 8 | | By: Representative L. Johnson 6 |
---|
11 | 9 | | 7 |
---|
12 | 10 | | For An Act To Be Entitled 8 |
---|
13 | 11 | | AN ACT TO ESTABLISH THE ARKANSAS PRIMARY CARE PAYMENT 9 |
---|
14 | 12 | | IMPROVEMENT WORKING GROUP; AND FOR OTHER PURPOSES. 10 |
---|
15 | 13 | | 11 |
---|
16 | 14 | | 12 |
---|
17 | 15 | | Subtitle 13 |
---|
18 | 16 | | TO ESTABLISH THE ARKANSAS PRIMARY CARE 14 |
---|
19 | 17 | | PAYMENT IMPROVEMENT WORKING GROUP. 15 |
---|
20 | 18 | | 16 |
---|
21 | 19 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17 |
---|
22 | 20 | | 18 |
---|
23 | 21 | | SECTION 1. DO NOT CODIFY. Legislative findings and intent. 19 |
---|
24 | 22 | | (a) The General Assembly finds that: 20 |
---|
25 | 23 | | (1) There is extensive data demonstrating that a population’s 21 |
---|
26 | 24 | | increased access to quality primary care reduces overall healthcare costs and 22 |
---|
27 | 25 | | improves health outcomes; 23 |
---|
28 | 26 | | (2) Without access to high -quality primary care, healthcare 24 |
---|
29 | 27 | | costs rise, preventable health issues escalate, and chronic disease burden 25 |
---|
30 | 28 | | worsens; 26 |
---|
31 | 29 | | (3) Studies demonstrate that investing more in primary care 27 |
---|
32 | 30 | | reduces health system costs and improves a population’s health; and 28 |
---|
33 | 31 | | (4) A population’s increased access to primary care results in 29 |
---|
34 | 32 | | fewer emergency department visits, hospital stays, and surgeries. 30 |
---|
35 | 33 | | (b) It is the intent of the General Assembly to form a working group 31 |
---|
36 | 34 | | to better understand the primary care system in this state and its effect on 32 |
---|
37 | 35 | | health outcomes for Arkansans. 33 |
---|
38 | 36 | | 34 |
---|
39 | 37 | | SECTION 2. DO NOT CODIFY. TEMPORARY LANGUAGE. Arkansas Primary Care 35 |
---|
51 | | - | (4) A practicing primary care physician appointed by the Speaker 7 |
---|
52 | | - | of the House of Representatives; 8 |
---|
53 | | - | (5) A representative of the Arkansas commercial health insurance 9 |
---|
54 | | - | community from an Arkansas -based insurer appointed by the Speaker of the 10 |
---|
55 | | - | House of Representatives; 11 |
---|
56 | | - | (6) A pediatrician representative of the primary care community 12 |
---|
57 | | - | in this state appointed by the Speaker of the House of Representatives; 13 |
---|
58 | | - | (7) A practicing primary care physician appointed by the 14 |
---|
59 | | - | President Pro Tempore of the Senate; 15 |
---|
60 | | - | (8) An advanced practice registered nurse representative of the 16 |
---|
61 | | - | primary care community in this state appointed by the President Pro Tempore 17 |
---|
62 | | - | of the Senate; and 18 |
---|
63 | | - | (9) A primary care physician employed by or primarily practicing 19 |
---|
64 | | - | in a federal qualified health center appointed by the President Pro Tempore 20 |
---|
65 | | - | of the Senate. 21 |
---|
66 | | - | (b) The practicing primary care physician appointed by the President 22 |
---|
67 | | - | Pro Tempore of the Senate shall serve as Chair of the Arkansas Primary Care 23 |
---|
68 | | - | Payment Improvement Working Group and be responsible for scheduling regular 24 |
---|
69 | | - | meetings of the working group. 25 |
---|
70 | | - | (c) All members of the working group are voting members. 26 |
---|
71 | | - | (d) Any vacancies that occur for any membership positions that are not 27 |
---|
72 | | - | held as a function of office shall be filled by the selecting body upon 28 |
---|
73 | | - | vacancy. 29 |
---|
74 | | - | (e) The working group shall: 30 |
---|
75 | | - | (1)(A) Establish a definition of primary care to be utilized by 31 |
---|
76 | | - | the working group. 32 |
---|
77 | | - | (B) The definition shall be applicable to primary care and 33 |
---|
78 | | - | services provided under the Arkansas Medicaid Program and commercial 34 |
---|
79 | | - | insurance plans; 35 |
---|
80 | | - | (2) Identify any portion of the Arkansas Medicaid Program 36 As Engrossed: S3/18/25 SB264 |
---|
| 47 | + | (4) A physician representative of the primary care community in 7 |
---|
| 48 | + | this state, as selected by the Arkansas Academy of Family Physicians, Inc.; 8 |
---|
| 49 | + | (5) A pediatrician representative of the primary care community 9 |
---|
| 50 | + | in this state, as selected by the Arkansas Chapter. American Academy of 10 |
---|
| 51 | + | Pediatrics; 11 |
---|
| 52 | + | (6) An advanced practice registered nurse representative of the 12 |
---|
| 53 | + | primary care community in this state, as selected by the Arkansas Nurses 13 |
---|
| 54 | + | Association; 14 |
---|
| 55 | + | (7) A representative of the Arkansas commercial health insurance 15 |
---|
| 56 | + | community from an Arkansas -based insurer, as selected by America’s Health 16 |
---|
| 57 | + | Insurance Plans; and 17 |
---|
| 58 | + | (8) A practicing primary care physician as selected by the 18 |
---|
| 59 | + | Arkansas Medical Society, Inc. 19 |
---|
| 60 | + | (b) The member of the working group designated by the Arkansas Chapter 20 |
---|
| 61 | + | of the Arkansas Academy of Family Physicians, Inc., shall serve as Chair of 21 |
---|
| 62 | + | the Arkansas Primary Care Payment Improvement Working Group and be 22 |
---|
| 63 | + | responsible for scheduling regular meetings of the group. 23 |
---|
| 64 | + | (c) All members of the working group are voting members. 24 |
---|
| 65 | + | (d) Any vacancies that occur for any membership positions that are not 25 |
---|
| 66 | + | held as a function of office shall be filled by the selecting body upon 26 |
---|
| 67 | + | vacancy. 27 |
---|
| 68 | + | (e) The working group shall: 28 |
---|
| 69 | + | (1)(A) Establish a definition of primary care to be utilized by 29 |
---|
| 70 | + | the working group. 30 |
---|
| 71 | + | (B) The definition shall be applicable to primary care and 31 |
---|
| 72 | + | services provided under the Arkansas Medicaid Program and commercial 32 |
---|
| 73 | + | insurance plans; 33 |
---|
| 74 | + | (2) Identify any portion of the Arkansas Medicaid Program 34 |
---|
| 75 | + | population that should not be included in the study due to the unique 35 |
---|
| 76 | + | circumstances of the population; 36 SB264 |
---|
82 | | - | 3 03-18-2025 10:35:37 JMB365 |
---|
| 78 | + | 3 02/19/2025 5:00:39 PM JMB365 |
---|
| 79 | + | (3) Create templates for data submission from commercial 1 |
---|
| 80 | + | insurance carriers and the Arkansas Medicaid Program; 2 |
---|
| 81 | + | (4) Conduct an evaluation of the current amount spent on primary 3 |
---|
| 82 | + | care and other healthcare services, both as it relates to the Arkansas 4 |
---|
| 83 | + | Medicaid Program and the commercial insurance carriers, including Medicare 5 |
---|
| 84 | + | Advantage plans; 6 |
---|
| 85 | + | (5) Determine the adequacy of the primary care delivery system 7 |
---|
| 86 | + | in Arkansas, including the effect this system has on the supply of the 8 |
---|
| 87 | + | primary care providers in this state; 9 |
---|
| 88 | + | (6) Study the primary care payment landscape in other states, 10 |
---|
| 89 | + | specifically considering states that have implemented a primary care spending 11 |
---|
| 90 | + | target; and 12 |
---|
| 91 | + | (7) Identify data collection and measurement systems as a basis 13 |
---|
| 92 | + | for creation of a primary care spending target for the Arkansas Medicaid 14 |
---|
| 93 | + | Program and commercial insurance carriers operating in this state that 15 |
---|
| 94 | + | includes a method by which to measure improvements made toward the primary 16 |
---|
| 95 | + | care spending target. 17 |
---|
| 96 | + | (f)(1) The working group may request and receive data from commercial 18 |
---|
| 97 | + | insurance carriers that do business in this state related to the provision of 19 |
---|
| 98 | + | and payment for primary care as a percentage of overall claims payment. 20 |
---|
| 99 | + | (2) Data received under subdivision (f)(1) of this section shall 21 |
---|
| 100 | + | include without limitation commercial insurance carrier submitted templates 22 |
---|
| 101 | + | that report information such as: 23 |
---|
| 102 | + | (A) Fee-for-service payments; 24 |
---|
| 103 | + | (B) Non-fee-for-service payments; 25 |
---|
| 104 | + | (C) Primary care incentive programs and requirements; 26 |
---|
| 105 | + | (D) The numbers of participating providers; 27 |
---|
| 106 | + | (E) Performance metrics; 28 |
---|
| 107 | + | (F) Prices; 29 |
---|
| 108 | + | (G) Utilization; 30 |
---|
| 109 | + | (H) Total cost trends; and 31 |
---|
| 110 | + | (I) Other information as identified in annual notices. 32 |
---|
| 111 | + | (3) A commercial insurance carrier shall use templates supplied 33 |
---|
| 112 | + | by the group in consultation with the State Insurance Department to provide 34 |
---|
| 113 | + | prospective and retrospective information to the group. 35 |
---|
| 114 | + | (4) The State Insurance Department shall monitor and ensure 36 SB264 |
---|
84 | | - | |
---|
85 | | - | population that should not be included in the study due to the unique 1 |
---|
86 | | - | circumstances of the population; 2 |
---|
87 | | - | (3) Create templates for data submission from commercial 3 |
---|
88 | | - | insurance carriers and the Arkansas Medicaid Program; 4 |
---|
89 | | - | (4) Conduct an evaluation of the current amount spent on primary 5 |
---|
90 | | - | care and other healthcare services, both as it relates to the Arkansas 6 |
---|
91 | | - | Medicaid Program and the commercial insurance carriers, including Medicare 7 |
---|
92 | | - | Advantage plans; 8 |
---|
93 | | - | (5) Determine the adequacy of the primary care delivery system 9 |
---|
94 | | - | in Arkansas, including the effect this system has on the supply of the 10 |
---|
95 | | - | primary care providers in this state; 11 |
---|
96 | | - | (6) Study the primary care payment landscape in other states, 12 |
---|
97 | | - | specifically considering states that have implemented a primary care spending 13 |
---|
98 | | - | target; and 14 |
---|
99 | | - | (7) Identify data collection and measurement systems as a basis 15 |
---|
100 | | - | for creation of a primary care spending target for the Arkansas Medicaid 16 |
---|
101 | | - | Program and commercial insurance carriers operating in this state that 17 |
---|
102 | | - | includes a method by which to measure improvements made toward the primary 18 |
---|
103 | | - | care spending target. 19 |
---|
104 | | - | (f)(1) The working group may request and receive data from commercial 20 |
---|
105 | | - | insurance carriers that do business in this state related to the provision of 21 |
---|
106 | | - | and payment for primary care as a percentage of overall claims payment. 22 |
---|
107 | | - | (2) Data received under subdivision (f)(1) of this section shall 23 |
---|
108 | | - | include without limitation commercial insurance carrier submitted templates 24 |
---|
109 | | - | that report information such as: 25 |
---|
110 | | - | (A) Fee-for-service payments; 26 |
---|
111 | | - | (B) Non-fee-for-service payments; 27 |
---|
112 | | - | (C) Primary care incentive programs and requirements; 28 |
---|
113 | | - | (D) The numbers of participating providers; 29 |
---|
114 | | - | (E) Performance metrics; 30 |
---|
115 | | - | (F) Prices; 31 |
---|
116 | | - | (G) Utilization; 32 |
---|
117 | | - | (H) Total cost trends; and 33 |
---|
118 | | - | (I) Other information as identified in annual notices. 34 |
---|
119 | | - | (3) A commercial insurance carrier shall use templates supplied 35 |
---|
120 | | - | by the group in consultation with the State Insurance Department to provide 36 As Engrossed: S3/18/25 SB264 |
---|
121 | | - | |
---|
122 | | - | 4 03-18-2025 10:35:37 JMB365 |
---|
123 | | - | |
---|
124 | | - | |
---|
125 | | - | prospective and retrospective information to the group. 1 |
---|
126 | | - | (4) The State Insurance Department shall monitor and ensure 2 |
---|
127 | | - | compliance with this section. 3 |
---|
128 | | - | (g)(1) No later than April 1, 2026, the working group shall submit a 4 |
---|
129 | | - | report of its findings and recommendations to the Legislative Council. 5 |
---|
130 | | - | (2) The report shall include a recommendation for a primary care 6 |
---|
131 | | - | spending target for both commercial insurance carriers and the Arkansas 7 |
---|
132 | | - | Medicaid Program designed to achieve better health outcomes and decreased 8 |
---|
133 | | - | healthcare costs for the people of Arkansas. 9 |
---|
134 | | - | (3) If the Arkansas Medicaid Program or any commercial insurance 10 |
---|
135 | | - | carrier fails to meet the primary care spending targets adopted by the 11 |
---|
136 | | - | Legislative Council based on the report under subdivision (g)(1) of this 12 |
---|
137 | | - | section, the Legislative Council may request that a representative of the 13 |
---|
138 | | - | entity failing to meet the primary care spending target appear before the 14 |
---|
139 | | - | Legislative Council and provide details on the efforts the entity is making 15 |
---|
140 | | - | to meet the primary care spending target. 16 |
---|
141 | | - | 17 |
---|
142 | | - | SECTION 3. Arkansas Code § 23 -61-906(a), concerning data submission 18 |
---|
143 | | - | under the Arkansas Healthcare Transparency Initiative, is amended to read as 19 |
---|
144 | | - | follows: 20 |
---|
145 | | - | (a) Except as provided in subsection (d) of this section, no later 21 |
---|
146 | | - | than January 1, 2016, and every quarter thereafter, a submitting entity shall 22 |
---|
147 | | - | submit health and dental claims data, unique identifiers, and geographic and 23 |
---|
148 | | - | demographic information for covered individuals as permitted in this 24 |
---|
149 | | - | subchapter, nonclaims-based payments made to providers, and provider files to 25 |
---|
150 | | - | the Arkansas Healthcare Transparency Initiative in accordance with standards 26 |
---|
151 | | - | and procedures adopted by the State Insurance Department. 27 |
---|
| 116 | + | 4 02/19/2025 5:00:39 PM JMB365 |
---|
| 117 | + | compliance with this section. 1 |
---|
| 118 | + | (g)(1) No later than April 1, 2026, the working group shall submit a 2 |
---|
| 119 | + | report of its findings and recommendations to the Legislative Council. 3 |
---|
| 120 | + | (2) The report shall include a recommendation for a primary care 4 |
---|
| 121 | + | spending target for both commercial insurance carriers and the Arkansas 5 |
---|
| 122 | + | Medicaid Program designed to achieve better health outcomes and decreased 6 |
---|
| 123 | + | healthcare costs for the people of Arkansas. 7 |
---|
| 124 | + | (3) If the Arkansas Medicaid Program or any commercial insurance 8 |
---|
| 125 | + | carrier fails to meet the primary care spending targets adopted by the 9 |
---|
| 126 | + | Legislative Council based on the report under subdivision (g)(1) of this 10 |
---|
| 127 | + | section, the Legislative Council may request that a representative of the 11 |
---|
| 128 | + | entity failing to meet the primary care spending target appear before the 12 |
---|
| 129 | + | Legislative Council and provide details on the efforts the entity is making 13 |
---|
| 130 | + | to meet the primary care spending target. 14 |
---|
| 131 | + | 15 |
---|
| 132 | + | SECTION 3. Arkansas Code § 23 -61-906(a), concerning data submission 16 |
---|
| 133 | + | under the Arkansas Healthcare Transparency Initiative, is amended to read as 17 |
---|
| 134 | + | follows: 18 |
---|
| 135 | + | (a) Except as provided in subsection (d) of this section, no later 19 |
---|
| 136 | + | than January 1, 2016, and every quarter thereafter, a submitting entity shall 20 |
---|
| 137 | + | submit health and dental claims data, unique identifiers, and geographic and 21 |
---|
| 138 | + | demographic information for covered individuals as permitted in this 22 |
---|
| 139 | + | subchapter, nonclaims-based payments made to providers, and provider files to 23 |
---|
| 140 | + | the Arkansas Healthcare Transparency Initiative in accordance with standards 24 |
---|
| 141 | + | and procedures adopted by the State Insurance Department. 25 |
---|
| 142 | + | 26 |
---|
| 143 | + | 27 |
---|