Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas
2 94th General Assembly A Bill
3 Regular Session, 2023 HOUSE BILL 1277
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5 By: Representative L. Johnson
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7 For An Act To Be Entitled
8 AN ACT TO REGULATE A PRUDENT LAY PERSON REVIEW
9 PROCESS BY AN INSURER; TO PROHIBIT THE USE OF A
10 LICENSED MEDICAL PROFESSIONAL TO REVIEW A PRUDENT LAY
11 PERSON DECISION; AND FOR OTHER PURPOSES.
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14 Subtitle
15 TO REGULATE A PRUDENT LAY PERSON REVIEW
16 PROCESS BY AN INSURER; AND TO PROHIBIT
17 THE USE OF A LICENSED MEDICAL
18 PROFESSIONAL TO REVIEW A PRUDENT LAY
19 PERSON DECISION.
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22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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24 SECTION 1. Arkansas Code § 20-9-309(d), concerning appropriate
25 intervention under the Emergency Medical Care Act, is amended to add an
26 additional subdivision to read as follows:
27 (3) An insurer, health maintenance organization, hospital
28 medical service corporation, or health benefit plan shall not subsequently
29 review a prudent lay person's decision to seek emergency medical care using
30 an individual who has a professional license under Arkansas Code Title 17,
31 Subtitle 3.
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33 SECTION 2. Arkansas Code Title 23, Chapter 85, Subchapter 1, is
34 amended to add an additional section to read as follows:
35 23-85-141. Prudent lay person — Emergency medical care — Review by
36 licensed medical professional prohibited.
*ANS058* 01/11/2023 10:57:25 AM ANS058
 HB1277
1 An insurer, health maintenance organization, hospital medical service
2 corporation, or health benefit plan shall not use an individual who has a
3 professional license under Arkansas Code Title 17, Subtitle 3, to review the
4 decision of a prudent lay person to seek emergency medical care under the
5 Emergency Medical Care Act, § 20-9-309.
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Statutes affected:
HB 1277: 20-9-309(d)